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Planning appeal decision

Notice varied and upheld27 July 20233299248

Land at Cartref, Cordwell Lane, Cordwell, Millthorpe, Derbyshire, S18 7WH

Planning appeal 3299248 at Land at Cartref, Cordwell Lane, Cordwell, Millthorpe, Derbyshire, S18 7WH (North East Derbyshire District Council) was allowed in part (a split decision) on 27 July 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: whether the unauthorised development is inappropriate development in the Green Belt.

Material change of use of land from agriculture to residential use including engineering operations (terrace, land level changes), building operations (retaining walls, boundary walls, steps, stone pillars, hardstanding, timber framed car port), extensions and alterations to dwellinghouse (side and rear single storey extensions, first floor extension over garage, two storey rear extension, stone cladding, dormer windows)

Authority
North East Derbyshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hartley D
Postcode
S18 7WH

Main issues, as the Inspector framed them

  • whether the unauthorised development is inappropriate development in the Green Belt
  • the effect of the breach of planning control on the character and appearance of the area including whether it preserves or enhances the character or appearance of the Horsleygate and Cordwell Conservation Area
  • if the development is inappropriate in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify development

What decided it

The development amounts to inappropriate development in the Green Belt causing significant harm to openness and character, and causes less than substantial harm to the Conservation Area through poor design and urbanisation of a rural setting, with no very special circumstances to justify it.

What the Inspector cited

Development plan policies
SS9SS10LC5SS1SDC3SDC5
National Planning Policy Framework
Paragraph 149Paragraph 150Paragraph 126Paragraph 202

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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More decisions in North East Derbyshire

The authority’s record since 2016 · every decision in 2023

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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.