Land at Hagg Hill Hall, Hagg Hill, New Tupton, Chesterfield, S42 6JU

Planning appeal 3308018 at Land at Hagg Hill Hall, Hagg Hill, New Tupton, Chesterfield, S42 6JU (North East Derbyshire District Council) was allowed on 1 November 2023 by Inspector Braithwaite J, following a hearing. The main issue, as the Inspector framed it: Whether the two cabins were substantially complete more than four years before the date of issue of the enforcement notice (ground (d), Appeal A).

retention of two garden cabins

Authority: North East Derbyshire District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: leisure-sport · Other minor developments
Inspector: Braithwaite J
Postcode: S42 6JU

Main issues, as the Inspector framed them

Whether the two cabins were substantially complete more than four years before the date of issue of the enforcement notice (ground (d), Appeal A)
Whether the land has been used as garden land since before the Town and Country Planning Act 1947 came into force (ground (c), Appeal B)
Whether there has been a material change of use of the land from agriculture to use for recreation and leisure purposes for a continuous period of more than ten years, without abandonment (ground (d), Appeal B)

What decided it

The Appellant's evidence establishing that the breaches of planning control (the cabins and the change of use) had occurred more than the relevant statutory period before the enforcement notices were issued, rendering them immune from enforcement action.

What the Inspector cited

Judgments: Regina v National Insurance Commissioner, ex parte Connor [1981] QB758

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.

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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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Summerley Cottage Summerley, Apperknowle, Dronfield, S18 4BA
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Dismissed7 March 20253352509
The Old Smithy, Quarry Lane, Woolley Moor, Alfreton, DE55 6FN

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.