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Planning appeal decision

Notice varied and upheld21 December 20233315551

Land to the North West of Orchard Court, High Lane, Ridgeway, Derbyshire, S12 3XF

without planning permission, building operations comprising the erection of a timber cabin, timber gazebo, and the laying of paving materials to form a patio and path, shown and annotated for the purposes of identification shaded black on the attached plan reference 22/00348/OD hereinafter referred to as the “unauthorised development

Authority
North East Derbyshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Shields T

Main issues, as the Inspector framed them

  • Whether the timber cabin is immune from enforcement action due to the passage of four years or more since its substantial completion before the enforcement notice issue date
  • Whether the requirements of the enforcement notice are excessive having regard to the purpose of remedying the breach of planning control

What decided it

The rear extension element of the cabin was supplied after the relevant date and constituted a substantial and integral element of the finished building, meaning the whole building could not have been substantially completed before the enforcement notice issue date.

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.