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Planning appeal decision

Allowed22 April 20243326331

Twenty Acres Farm, Riddings Lane, Dalbury Lees, Ashbourne, DE6 5BG

Planning appeal 3326331 at Twenty Acres Farm, Riddings Lane, Dalbury Lees, Ashbourne, DE6 5BG (Amber Valley Borough Council) was allowed on 22 April 2024 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the certificate of lawfulness was well-founded.

Certificate of lawful use for the use of land shaded in green for any purpose incidental to the enjoyment of the dwellinghouse known as The Farmhouse

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Savage M
Postcode
DE6 5BG

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the certificate of lawfulness was well-founded

What decided it

The land shaded in green was within the curtilage of the dwellinghouse and its use for purposes incidental to the enjoyment of the dwelling was not development by virtue of section 55(2)(d) of the Town and Country Planning Act 1990.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Westminster City Council v British Waterways Board [1984] 3 All ER 737; Sinclair-Lockhart's Trustees v Central Land Board (1950) 1 P&CR 195; Methuen-Campbell v Walters [1979] 1 QB 525; R (oao Sumption) v Greenwich LBC [2007] EWHC 2276 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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5 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
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More decisions in Amber Valley

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

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  5. Allowed7 April 20266003010
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.