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Planning appeal decision

Notice varied and upheld11 April 20233307456

The Hut, Wilshaw Bottom, Hollinsclough, Staffordshire, SK17 0RE

Planning appeal 3307456 at The Hut, Wilshaw Bottom, Hollinsclough, Staffordshire, SK17 0RE (Peak District) was allowed in part (a split decision) on 11 April 2023 by Inspector Shields T, following a hearing. The main issue, as the Inspector framed it: Whether the matters alleged in the notice constitute a breach of planning control (ground (c)).

Building operations comprising construction of a timber cabin and associated structures, hard surfaced access and parking, water pipes, septic tank drainage and an access track, and a material change of use of the site from agricultural use to residential use

Authority
Peak District
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Shields T
Postcode
SK17 0RE

Main issues, as the Inspector framed them

  • Whether the matters alleged in the notice constitute a breach of planning control (ground (c))
  • Whether the development was immune from enforcement action due to the passage of time (ground (d))
  • Whether the requirements of the notice exceed what is necessary to remedy the breach or injury to amenity (ground (f))
  • Whether the period for compliance falls short of what should reasonably be allowed (ground (g))

What decided it

The creation of a new, larger planning unit in 2019 by adding previously agricultural land meant the residential use was not immune from enforcement and amounted to a material change of use requiring planning permission.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207

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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What an account adds to this decision

4 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
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More decisions in Peak District

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

  1. Notice upheld23 July 20263364767
    Land Adjacent to B6054, East of Owler Bar, Holmesfield, S17 3BP
  2. Notice varied and upheld6 May 20263372929
    Land Adjacent to B6051 and A621 South of Owler Bar, Horsleygate Road, Owler Bar, Holmesfield, Sheffield, S17 3BP
  3. Notice varied and upheld2 February 20263364823
    Cornfield Barn, Lyme Handley, Whaley Bridge, High Peak, SK23 7BT
  4. Quashed On Legal Grounds21 January 20253346264
    Manor House, Little Hucklow, Buxton, SK17 8RT
  5. Notice upheld17 January 20253345215
    The Bank House Bar & Restaurant Ltd, Bank House Main Road, Hathersage, Hope Valley, S32 1BB

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.