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Planning appeal decision

Quashed On Legal Grounds28 March 20243319306

Tythe Barn, Hob Lane, Kirk Ireton, Derbyshire, DE6 3LG

Planning appeal 3319306 at Tythe Barn, Hob Lane, Kirk Ireton, Derbyshire, DE6 3LG (Derbyshire Dales District Council) was decided (quashed on legal grounds) on 28 March 2024 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the works carried out constitute the erection of a new building or the alteration and rebuilding of parts of an existing building.

building operations comprising the erection of a building

Authority
Derbyshire Dales District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Major general industry/storage/warehousing
Inspector
Savage M

Main issues, as the Inspector framed them

  • Whether the works carried out constitute the erection of a new building or the alteration and rebuilding of parts of an existing building

What decided it

The substantial retention of original wall sections with consistent stone characteristics between 2021 photographs and the site visit indicated the works were alteration and rebuilding of parts of an existing building rather than erection of a new building, making the enforcement notice's allegation factually incorrect.

The decision letter

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More decisions in Derbyshire Dales

The authority’s record since 2016 · every decision in 2024

  1. Dismissed17 August 20266009542
    Redundant Barn, Kings Hill, Brassington, DE4 4NT
  2. Notice upheld5 August 20263373290
    The Cottage, Alferton Road, The Cliff, Matlock, Derbyshire, DE4 5EZ
  3. Notice varied and upheld22 June 20263375058
    Land West of Foxholes Lane, Tansley, Matlock, Derbyshire, DE4 5LF
  4. Notice varied and upheld17 June 20263373415
    Sunny Side The Dale, Bonsall, Matlock, DE4 2AY
  5. Notice upheld16 June 20263372863
    Land to the Northeast of Blackwall Grange, Blackwall Lane, Kirk Ireton, DE6 3LN

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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