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Planning appeal decision

Notice varied and upheld11 April 20233307456

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

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

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.

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

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.