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Dismissed16 February 20233299637

Swathwick Lane, Wingerworth , Chesterfield, S42 6QP

Planning appeal 3299637 at Swathwick Lane, Wingerworth , Chesterfield, S42 6QP (North East Derbyshire District Council) was dismissed on 16 February 2023 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether occupation of the dwelling without compliance with the disputed condition was lawful when the LDC application was made, turning on whether the dwelling had been continuously occupied in breach of the condition for not less than 10 years prior to the application.

described as ‘use of a dwellinghouse without adherence to an agricultural workers condition

Authority
North East Derbyshire District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
agricultural · Change of use
Inspector
Willows P
Postcode
S42 6QP

Main issues, as the Inspector framed them

  • Whether occupation of the dwelling without compliance with the disputed condition was lawful when the LDC application was made, turning on whether the dwelling had been continuously occupied in breach of the condition for not less than 10 years prior to the application

What decided it

The appellant failed to demonstrate on the balance of probability that the agricultural workers condition was breached for a continuous 10-year period prior to the LDC application, as the evidence of when farming ceased was contradicted by subsequent planning applications and statements suggesting the farm remained in operation.

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.

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