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Dismissed27 March 20253331523

Windy Walls Farm, Ashbourne Lane, Chapel-En-Le-Frith, Derbyshire, SK23 9UF

Planning appeal 3331523 at Windy Walls Farm, Ashbourne Lane, Chapel-En-Le-Frith, Derbyshire, SK23 9UF (High Peak Borough Council) was dismissed on 27 March 2025 by Inspector Ghafoor A, by written representations. The main issue, as the Inspector framed it: Whether the land outlined in red in the application is in a lawful incidental domestic use/residential garden land use and whether the lawful use of the stone outbuilding is incidental domestic use.

described in the application form as follows: “Certificate of Lawful Existing Use or Development to establish that the lawful use of the land outlined in red is incidental domestic use/residential garden land use and that the lawful use of the stone outbuilding is incidental domestic use”

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Ghafoor A
Postcode
SK23 9UF

Main issues, as the Inspector framed them

  • Whether the land outlined in red in the application is in a lawful incidental domestic use/residential garden land use and whether the lawful use of the stone outbuilding is incidental domestic use

What decided it

The appellant failed to demonstrate on the balance of probabilities that the claimed incidental residential use of the land and outbuilding began on or before the relevant date of 8 June 2013 and continued for 10 years without significant interruption, due to insufficient and imprecise evidence.

The decision letter

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More decisions in High Peak

The authority’s record since 2016 · every decision in 2025

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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.

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