Land east side of Gashouse Lane, Eckington, S20 5DF

without planning permission, a Material Change of Use of the land from agriculture to the keeping of horses (equestrian). Herein after referred to as ‘the equestrian use’

Authority: North East Derbyshire District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: agricultural · Change of use
Inspector: Savage M

Main issues, as the Inspector framed them

Whether, at the date the enforcement notice was issued, the material change of use from agriculture to the keeping of horses had occurred more than 10 years previously and continued without significant interruption, such that enforcement action could not be taken

What decided it

The appellant proved on the balance of probabilities that the material change of use to equestrian use occurred before 13 July 2013 and continued without significant interruption for at least 10 years, making the enforcement notice time-barred.

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