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

Planning appeal 3331303 at The Annexe Hagg Hill Hall, Hagg Hill New Tupton, Chesterfield, Derbyshire, S42 6JU (North East Derbyshire District Council) was decided (quashed on legal grounds) on 24 May 2024 by Inspector Pleasant L, following a hearing. The main issue, as the Inspector framed it: 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.

Without planning permission, the material change of use of the Land from agriculture to residential use, together with associated building and engineering operations

Authority: North East Derbyshire District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: residential · Change of use
Inspector: Pleasant L
Postcode: S42 6JU

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.

What the Inspector cited

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

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.

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The decision letter

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More decisions in North East Derbyshire

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

Notice upheld31 July 20263362300
Carr-Barn Farm, Moorwood Moor Lane, Wessington, Alfreton, DE55 6DU
Notice varied and upheld20 March 20263365057
Springwood Farm, Cowley Lane, Holmesfield, Dronfield, S18 7SD
Notice upheld8 May 20253342351
Summerley Cottage Summerley, Apperknowle, Dronfield, S18 4BA
Planning permission granted17 March 20253327195
Land East Side of Gashouse Lane, Eckington, S20 5DF
Dismissed7 March 20253352509
The Old Smithy, Quarry Lane, Woolley Moor, Alfreton, DE55 6FN

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.