®Planning appeal decision
Land to the North West of Orchard Court, High Lane, Ridgeway, Derbyshire, S12 3XF
Planning appeal 3315551 at Land to the North West of Orchard Court, High Lane, Ridgeway, Derbyshire, S12 3XF (North East Derbyshire District Council) was allowed in part (a split decision) on 21 December 2023 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: 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.
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
- 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 decision letter
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With an account
What an account adds to this decision
More decisions in North East Derbyshire
The authority’s record since 2016 · every decision in 2023
- Notice upheld31 July 20263362300Carr-Barn Farm, Moorwood Moor Lane, Wessington, Alfreton, DE55 6DU
- Notice varied and upheld20 March 20263365057Springwood Farm, Cowley Lane, Holmesfield, Dronfield, S18 7SD
- Notice upheld8 May 20253342351Summerley Cottage Summerley, Apperknowle, Dronfield, S18 4BA
- Planning permission granted17 March 20253327195Land East Side of Gashouse Lane, Eckington, S20 5DF
- Dismissed7 March 20253352509The 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.