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Planning appeal decision

Invalid21 March 20223281256

Land at the Former Birch Vale Quarry, Oven Hill Road, Birch Vale, SK22 1BY

Planning appeal 3281256 at Land at the Former Birch Vale Quarry, Oven Hill Road, Birch Vale, SK22 1BY (High Peak Borough Council) was decided (invalid) on 21 March 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is valid and capable of correction, having regard to the alleged breaches and the requirements specified.

Material change of use of former quarry to residential use (two touring caravans with associated timber building) and storage use (horse trailer, shipping container, cement mixer, water tank, motorbike, builder's materials, tyres and miscellaneous items)

Authority
High Peak Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Savage M
Postcode
SK22 1BY

Main issues, as the Inspector framed them

  • Whether the enforcement notice is valid and capable of correction, having regard to the alleged breaches and the requirements specified

What decided it

The enforcement notice contained fundamental defects in specifying the breach and requirements which could not be corrected without causing injustice to the appellant, rendering it invalid.

The decision letter

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More decisions in High Peak

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

  1. Allowed8 September 20253366398
    Lodge Farm, Caravan Site , Boggard Lane , Charlesworth , Derbyshire , SK13 5HL
  2. Planning permission granted3 February 20233297854
    Land at 184 Taxal Edge, Macclesfield Road, Whaley Bridge, Derbyshire, SK23 7DR
  3. Notice upheld14 November 20223303476
    Land at the Former Birch Vale Quarry, Oven Hill Road, Birch Vale, SK22 1BY
  4. Allowed5 October 20266013259
    Shady Oak Inn, Long Hill, Fernilee, SK23 7HD
  5. Allowed30 September 20266009410
    Land Rear Of 53 Beresford Avenue., Chapel-en-le-Frith, SK23 0PZ

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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