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Planning appeal decision

Notice upheld14 November 20223303476

Land at the Former Birch Vale Quarry, Oven Hill Road, Birch Vale, SK22 1BY

Planning appeal 3303476 at Land at the Former Birch Vale Quarry, Oven Hill Road, Birch Vale, SK22 1BY (High Peak Borough Council) was dismissed on 14 November 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the unauthorised mixed use for residential and storage has occurred for a continuous period of ten years or more prior to the issue of the enforcement notice, such that it is too late for the Council to take enforcement action.

without planning permission, the material change of use of the Land from a former disused quarry to a mixed use for residential and storage. The items stored, some of which are also used for, or in association with, residential occupation, include two touring caravans, horse trailer, shipping container, cement mixer, water tank, motor bike, car wheels, wooden shed, miscellaneous items associated with the residential use, such as gas bottles and barbeque for example, and miscellaneous builders’ materials and builders’ equipment

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Moore D
Postcode
SK22 1BY

Main issues, as the Inspector framed them

  • Whether the unauthorised mixed use for residential and storage has occurred for a continuous period of ten years or more prior to the issue of the enforcement notice, such that it is too late for the Council to take enforcement action

What decided it

The material change of use to the mixed residential and storage use occurred in 2018 when the timber building was completed and occupied, which is less than ten years before the enforcement notice was issued on 9 June 2022.

The decision letter

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More decisions in High Peak

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

  1. Allowed8 September 20253366398
    Lodge Farm, Caravan Site , Boggard Lane , Charlesworth , Derbyshire , SK13 5HL
  2. Planning permission granted3 February 20233297854
    Land at 184 Taxal Edge, Macclesfield Road, Whaley Bridge, Derbyshire, SK23 7DR
  3. Invalid21 March 20223281256
    Land at the Former Birch Vale Quarry, Oven Hill Road, Birch Vale, SK22 1BY
  4. Allowed5 October 20266013259
    Shady Oak Inn, Long Hill, Fernilee, SK23 7HD
  5. Allowed30 September 20266009410
    Land Rear Of 53 Beresford Avenue., Chapel-en-le-Frith, SK23 0PZ

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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