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Planning appeal decision

Dismissed19 June 20243327762

22 Spinnerbottom, Birch Vale, High Peak, SK22 1BL

Planning appeal 3327762 at 22 Spinnerbottom, Birch Vale, High Peak, SK22 1BL (High Peak Borough Council) was dismissed on 19 June 2024 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: Whether the appeal land falls within the curtilage of the dwellinghouse at No 22 Spinnerbottom, and therefore whether the two outbuildings constitute permitted development under Schedule 2, Part 1, Class E of the GPDO.

the erection of 2 garden outbuildings

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Wharton T
Postcode
SK22 1BL

Main issues, as the Inspector framed them

  • Whether the appeal land falls within the curtilage of the dwellinghouse at No 22 Spinnerbottom, and therefore whether the two outbuildings constitute permitted development under Schedule 2, Part 1, Class E of the GPDO

What decided it

The appeal land, although in lawful residential use and owned by the appellant, is physically and perceptually separate from the dwellinghouse and does not form an integral part of its curtilage, and therefore the outbuildings cannot benefit from permitted development rights under Class E of the GPDO.

What the Inspector cited

National Planning Policy Framework
Paragraph 154

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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More decisions in High Peak

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

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  3. Dismissed21 September 20266011421
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  4. Allowed21 September 20266010311
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  5. Dismissed4 September 20266011027
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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.