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Planning appeal decision

Allowed29 October 20243330359

79D Outram Street, Sutton In Ashfield, NG17 4BG

Planning appeal 3330359 at 79D Outram Street, Sutton In Ashfield, NG17 4BG (Ashfield District Council) was allowed on 29 October 2024 by Inspector Hainsworth D, by written representations. The main issue, as the Inspector framed it: Whether the use of the outbuilding as a dwelling is lawful, having regard to the four-year enforcement period under section 171B(2) of the Town and Country Planning Act 1990.

Use of an outbuilding to the rear of 79 Outram Street as a dwelling (flat 79D Outram Street)

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hainsworth D
Postcode
NG17 4BG

Main issues, as the Inspector framed them

  • Whether the use of the outbuilding as a dwelling is lawful, having regard to the four-year enforcement period under section 171B(2) of the Town and Country Planning Act 1990

What decided it

The four-year enforcement period under section 171B(2) had expired before the certificate application was made, rendering the use lawful regardless of the breach of condition 5.

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More decisions in Ashfield

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

  1. Quashed On Legal Grounds25 August 20263371810
    46 Mapplewells Road, Sutton-in-Ashfield, NG17 1HW
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  3. Notice upheld21 November 20243348000
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  4. Dismissed20 November 20243330233
    Land Opposite 151 Derby Road , Kirkby In Ashfield , Nottinghamshire, NG17 9AT
  5. Split Decision13 November 20233321017
    Land Adjacent to Woodend Public House, Chesterfield Road, Huthwaite, Nottinghamshire, NG17 2QL

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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