The Annexe Hagg Hill Hall, Hagg Hill New Tupton, Chesterfield, Derbyshire, S42 6JU

Authority: North East Derbyshire District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: residential · Change of use
Inspector: Pleasant L

Main issues, as the Inspector framed them

Ground (c): whether the alleged matters constitute a breach of planning control, turning on (i) what planning unit the land belongs to and (ii) whether a material change of use to residential use occurred
Ground (d): whether the change of use of the Land to residential use took place on or before 31 August 2013

What decided it

The material change of use of the Land to residential use had occurred more than ten years before the enforcement notice was issued and had not been abandoned, so it had become immune from enforcement action under the ten-year rule.

Judgments cited: Regina v National Insurance Commissioner, exparte Connor [1981] QB758

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