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Planning appeal decision

Dismissed1 December 20213276660

Fieldshead Cottage , Field Head , Glossop , Derbyshire , SK13 8NX

conversion of agricultural land on north, west and south of barn, to parking area for up to five cars, two agricultural vehicles

Authority
High Peak Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Phillips A

Main issues, as the Inspector framed them

  • Appeal A: whether the Council's refusal to issue a certificate of lawful use or development was well founded, turning on whether the appellant proved on the balance of probability that the use changed to parking domestic and agricultural vehicles on or before 20 October 2010 and continued without significant interruption for ten years
  • Appeal B: whether the development is inappropriate development in the Green Belt; the effect on the openness of the Green Belt and the purposes of including land within it; the effect on the character and appearance of the area; and if inappropriate, whether the harm is clearly outweighed by other considerations

What decided it

In Appeal A, the appellant's evidence was insufficiently precise and contradictory to prove on the balance of probabilities the required ten-year continuous use; in Appeal B, the substantial weight given to Green Belt harm was not clearly outweighed by other considerations, and very special circumstances were not demonstrated.

The substantial weight to be given to Green Belt harm by reason of inappropriateness and the significant harm to character and appearance were not clearly outweighed by the limited weight given to the appellant's arguments regarding need for parking, resulting in the dismissal of the appeal.

Plan policies cited: Policy EQ2, Policy EQ3, Policy EQ4

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.