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Planning appeal decision

Notice varied and upheld12 May 20223284484

Land North West Side of Manystones Lane, Brassington, Derbyshire, DE4 4HF

Planning appeal 3284484 at Land North West Side of Manystones Lane, Brassington, Derbyshire, DE4 4HF (Derbyshire Dales District Council) was allowed in part (a split decision) on 12 May 2022 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the operational development and material change of use alleged in the enforcement notice have occurred.

Unauthorised building and engineering operations comprising a wider access, hard surfaced track to a newly created hardstanding area, the formation of a raised deck area and surfacing upon which children's play equipment has been sited; material change of use of the land from agricultural to recreational use; and use of the land as a camping site

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Whalley J
Postcode
DE4 4HF

Main issues, as the Inspector framed them

  • Whether the operational development and material change of use alleged in the enforcement notice have occurred
  • Whether the operational development and material change of use constitute development requiring planning permission
  • Whether planning permission should be granted for the operational development and material change of use
  • Whether the requirements of the enforcement notice are too onerous

What decided it

The material change of use of the land to a camping site and the operational development caused unacceptable and considerable harm to the character and appearance of this open and prominent upland countryside location, contrary to development plan policies and national guidance on protecting the countryside.

What the Inspector cited

Development plan policies
Policy S4Policy S1Policy PD1Policy PD5Policy EC9
National Planning Policy Framework
Paragraph 174

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.

See how each was applied

The decision letter

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4 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 Derbyshire Dales

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

  1. Dismissed17 August 20266009542
    Redundant Barn, Kings Hill, Brassington, DE4 4NT
  2. Notice upheld5 August 20263373290
    The Cottage, Alferton Road, The Cliff, Matlock, Derbyshire, DE4 5EZ
  3. Notice varied and upheld22 June 20263375058
    Land West of Foxholes Lane, Tansley, Matlock, Derbyshire, DE4 5LF
  4. Notice varied and upheld17 June 20263373415
    Sunny Side The Dale, Bonsall, Matlock, DE4 2AY
  5. Notice upheld16 June 20263372863
    Land to the Northeast of Blackwall Grange, Blackwall Lane, Kirk Ireton, DE6 3LN

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.