Planning appeal decision
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”
- Authority
- High Peak Borough Council
- 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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- Allowed30 September 20266009410Land Rear Of 53 Beresford Avenue., Chapel-en-le-Frith, SK23 0PZ
- Dismissed21 September 20266011421Land Adjacent To Salisbury Cottages, Unnamed Road From Salisbury Street To Salisbury Cottages, Hadfield, Glossop, SK13 1NN
- Allowed21 September 2026601031115 Compton Road, Buxton, SK17 9DN
- Dismissed4 September 20266011027The Rising Rest Home, Primrose Lane, Simmondley, Glossop, SK13 6LW
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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