Land Adjacent to 1 Swathwick Lane, Wingerworth, Chesterfield, Derbyshire, S42 6QW

Planning appeal 3272250 at Land Adjacent to 1 Swathwick Lane, Wingerworth, Chesterfield, Derbyshire, S42 6QW (North East Derbyshire District Council) was allowed in part (a split decision) on 9 March 2022 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether enforcement action could be taken in respect of the breach of planning control at the date the notice was issued.

the unauthorised change of use of land from agriculture to residential use including the creation of a large concrete hardstanding and plinth and the installation of a water tank, diesel generator and diesel storage tank

Authority: North East Derbyshire District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Willows P
Postcode: S42 6QW

Main issues, as the Inspector framed them

Whether enforcement action could be taken in respect of the breach of planning control at the date the notice was issued
The effect of the development on the character and appearance of the area

What decided it

The passage of time meant that the water tank and the residential use of the strip of land on which the tanks and generator were located were lawful (more than 10 years), whereas the change of use of the remaining part of the site to residential use and its associated hardstanding were unlawful and harmful to rural character.

What the Inspector cited

Development plan policies: Policy SS1Policy SS9Policy W2

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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What an account adds to this decision

11 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

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More decisions in North East Derbyshire

The authority’s record since 2016 · every decision in 2022

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Summerley Cottage Summerley, Apperknowle, Dronfield, S18 4BA
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Dismissed7 March 20253352509
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.