Planning appeal decision
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
- Authority
- High Peak Borough Council
- 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
- Allowed8 September 20253366398Lodge Farm, Caravan Site , Boggard Lane , Charlesworth , Derbyshire , SK13 5HL
- Planning permission granted3 February 20233297854Land at 184 Taxal Edge, Macclesfield Road, Whaley Bridge, Derbyshire, SK23 7DR
- Invalid21 March 20223281256Land at the Former Birch Vale Quarry, Oven Hill Road, Birch Vale, SK22 1BY
- Allowed5 October 20266013259Shady Oak Inn, Long Hill, Fernilee, SK23 7HD
- Allowed30 September 20266009410Land 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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