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Planning appeal decision

Quashed On Legal Grounds19 October 20223292605

Rosemount, Roston, Ashbourne, DE6 2EE

Planning appeal 3292605 at Rosemount, Roston, Ashbourne, DE6 2EE (Derbyshire Dales District Council) was decided (quashed on legal grounds) on 19 October 2022 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: Whether the construction of the building alleged in the notice, as corrected, was substantially completed on or before 19 January 2018.

The construction of a building not in accordance with the approved plans for permission 17/00376/FUL

Authority
Derbyshire Dales District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Pleasant L
Postcode
DE6 2EE

Main issues, as the Inspector framed them

  • Whether the construction of the building alleged in the notice, as corrected, was substantially completed on or before 19 January 2018

What decided it

The appellant's statutory declarations, precise and unambiguous and unchallenged by any contradictory evidence, established that the building operations were substantially completed on 15 December 2017, within the four-year immunity period under section 171A(1)(a) of the Town and Country Planning Act 1990.

The decision letter

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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.

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