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Planning appeal decision

Notice upheld4 March 20243312525

43 Hillcrest Road, Chaddesden, Derby, DE21 6FJ

Planning appeal 3312525 at 43 Hillcrest Road, Chaddesden, Derby, DE21 6FJ (Derby City Council) was dismissed on 4 March 2024 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity caused by the unauthorised works.

without planning permission the erection of a single storey extension to the rear of the dwelling and an outbuilding in the rear garden ("the Unauthorised Works")

Authority
Derby City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Savage M
Postcode
DE21 6FJ

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity caused by the unauthorised works

What decided it

The requirements of the enforcement notice do not exceed what is necessary to remedy the injury to amenity, as the Council has already factored in the fallback position of permitted development rights and there are no lesser steps available.

The decision letter

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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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