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Allowed21 September 20233312807

Buckland Hollow Cottages, Chesterfield Road, Buckland Hollow , Derbyshire, DE56 2HT

Planning appeal 3312807 at Buckland Hollow Cottages, Chesterfield Road, Buckland Hollow , Derbyshire, DE56 2HT (Amber Valley Borough Council) was allowed on 21 September 2023 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the land has been in use as residential garden to Hollow Cottage for a ten-year period such that the use became immune from enforcement action.

Use of the land for the residential garden of the property known as Hollow Cottage

Authority
Amber Valley Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Braithwaite J
Postcode
DE56 2HT

Main issues, as the Inspector framed them

  • Whether the land has been in use as residential garden to Hollow Cottage for a ten-year period such that the use became immune from enforcement action

What decided it

The consistency of aerial photographic evidence from 2010 with later photographs showing distinctive garden features (seating areas and landscaping) established on the balance of probability that the land had been in residential garden use for more than ten years prior to the application date.

The decision letter

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

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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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