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Planning appeal decision

Notice upheld15 January 20243324011

West Handley Nursery, West Handley,, Sheffield, S21 5RZ

Planning appeal 3324011 at West Handley Nursery, West Handley,, Sheffield, S21 5RZ (North East Derbyshire District Council) was dismissed on 15 January 2024 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control has occurred as a matter of fact (ground b).

Without planning permission, a material change of use of the Land from a use as a nursery and landscaping business to a mixed use comprising: use as a nursery and landscaping business; operation of a skip hire contractor’s base including the importation and sorting of waste; use for the storage of vehicles, scrap vehicles, vehicle parts, scrap metals and other waste materials; use for the siting of a static caravan used for human habitation

Authority
North East Derbyshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Rogers B
Postcode
S21 5RZ

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control has occurred as a matter of fact (ground b)
  • Whether the alleged material change of use amounts to a breach of planning control (ground c)

What decided it

The appellants failed to provide evidence demonstrating that the skip hire operations, vehicle storage, waste materials, and residential caravan use were related to or authorised by the 2016 planning permission for nursery and landscaping business use.

The decision letter

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More decisions in North East Derbyshire

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

  1. Notice upheld31 July 20263362300
    Carr-Barn Farm, Moorwood Moor Lane, Wessington, Alfreton, DE55 6DU
  2. Notice varied and upheld20 March 20263365057
    Springwood Farm, Cowley Lane, Holmesfield, Dronfield, S18 7SD
  3. Notice upheld8 May 20253342351
    Summerley Cottage Summerley, Apperknowle, Dronfield, S18 4BA
  4. Planning permission granted17 March 20253327195
    Land East Side of Gashouse Lane, Eckington, S20 5DF
  5. Dismissed7 March 20253352509
    The 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.

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