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Dismissed1 December 20213276660

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

Planning appeal 3276660 at Fieldshead Cottage , Field Head , Glossop , Derbyshire , SK13 8NX (High Peak Borough Council) was dismissed on 1 December 2021 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: 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.

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

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Phillips A
Postcode
SK13 8NX

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.

What the Inspector cited

Development plan policies
Policy EQ2Policy EQ3Policy EQ4

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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More decisions in High Peak

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

  1. Allowed12 February 20266001092
    66 Chunal Lane, Glossop, Derbyshire, SK13 6JX
  2. Dismissed21 January 20263372294
    Cote Bank Farm, Unnamed Road From Stubbins Lane To Tithe Barn Farm, Chinley, Derbyshire, SK23 7NP
  3. Allowed8 September 20253366398
    Lodge Farm, Caravan Site , Boggard Lane , Charlesworth , Derbyshire , SK13 5HL
  4. Allowed30 April 20253357581
    How Green Barn, How Green Farm, Shiloh Road, High Peak, Derbyshire, SK22 4QR
  5. Dismissed11 April 20253351568
    Meadows Farm, Ridge Top Lane, Hayfield, High Peak, SK22 2JQ

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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