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Planning appeal decision

Notice varied and upheld17 November 20213273304

Land at 17 Clumber Street, Sutton-in-Ashfield, NG17 1FU

Planning appeal 3273304 at Land at 17 Clumber Street, Sutton-in-Ashfield, NG17 1FU (Ashfield District Council) was allowed in part (a split decision) on 17 November 2021 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control has occurred as a matter of fact.

Without the benefit of planning permission, the material change of use of the land from residential to a mixed use comprising residential and the sale, storage and valeting of vehicles. The approximate location of the change of use is edged in blue with blue hatching on a second attached plan referenced - ADC 2

Authority
Ashfield District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Boffin D
Postcode
NG17 1FU

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control has occurred as a matter of fact
  • Whether the matters alleged constitute a breach of planning control
  • Whether the steps required by the notice exceed what is necessary to remedy the breach

What decided it

The regular advertisement and storage of approximately 8 vehicles for sale at the property, with associated customer visits and test drives, constituted a material change of use to mixed residential and vehicle sales use, as the level and character of activity was significantly greater than would be expected from a dwellinghouse.

The decision letter

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More decisions in Ashfield

The authority’s record since 2016 · every decision in 2021

  1. Quashed On Legal Grounds25 August 20263371810
    46 Mapplewells Road, Sutton-in-Ashfield, NG17 1HW
  2. Notice varied and upheld23 April 20263355558
    Whiteborough Farm Chesterfield Road, Huthwaite, Sutton-in-Ashfield, NG17 2QJ
  3. Notice upheld21 November 20243348000
    Land on the West Side of Brickyard, Brickyard Drive, Hucknall, Nottingham, NG15 7PG
  4. Dismissed20 November 20243330233
    Land Opposite 151 Derby Road , Kirkby In Ashfield , Nottinghamshire, NG17 9AT
  5. Allowed29 October 20243330359
    79D Outram Street, Sutton In Ashfield, NG17 4BG

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.

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