®Planning appeal decision
Planning permission granted1 November 20233308018
Land at Hagg Hill Hall, Hagg Hill, New Tupton, CHESTERFIELD, S42 6JU
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
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.
Judgments cited: Regina v National Insurance Commissioner, ex parte Connor [1981] QB758
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.