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Planning appeal decision

Notice upheld28 July 20233302565

Land North West of 21 Mansfield Road, Killamarsh, S21 2BW

Planning appeal 3302565 at Land North West of 21 Mansfield Road, Killamarsh, S21 2BW (North East Derbyshire District Council) was dismissed on 28 July 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control.

without planning permission, material change of use of Land to use for the storage of building and construction materials and equipment including engineering works comprising the formation of a hardstanding. Herein after referred to as the ‘storage use

Authority
North East Derbyshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Hartley D
Postcode
S21 2BW

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control
  • Whether the period specified in the notice for compliance is unreasonably short

What decided it

The appellant failed to provide sufficiently precise or unambiguous evidence to counter the Council's view that a new hardstanding was laid to facilitate the unauthorised storage use, as demonstrated by the marked contrast in Google Earth imagery between 2013-2015 and 2017.

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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  5. Dismissed7 March 20253352509
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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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