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Notice upheld8 May 20253342351

Summerley Cottage Summerley, Apperknowle, Dronfield, S18 4BA

Planning appeal 3342351 at Summerley Cottage Summerley, Apperknowle, Dronfield, S18 4BA (North East Derbyshire District Council) was dismissed on 8 May 2025 by Inspector Pleasant L, following an inquiry. The main issue, as the Inspector framed it: The main issue in a ground (c) appeal is that the matters alleged in the Notice do not constitute a breach of planning control.

Without planning permission, building and engineering operations to the rear and side of Summerley Cottage comprising- 1) The erection of a building incorporating ground floor TV room, domestic store, bar area, and the provision of a platform and balustrade forming part and parcel of the building, shown together for the purposes of identification shaded blue on the attached plan ref: 22/00339/OD_B 2) Engineering operations carried out to facilitate the construction of the building described in Para. 3. 1) above, and to facilitate the laying of a patio shown for the purposes of identification shaded green on the attached plan ref: 22/00339/OD_B

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Other minor developments
Inspector
Pleasant L
Postcode
S18 4BA

Main issues, as the Inspector framed them

  • The main issue in a ground (c) appeal is that the matters alleged in the Notice do not constitute a breach of planning control
  • The ground (d) appeal is that on the date when the notice was issued, no enforcement action could be taken

What decided it

The Inspector found that the building operations, including the TV (garden) room and decking, were not substantially complete until after the four-year relevant date because the bifold doors and other finishing works were not installed until around September 2020.

What the Inspector cited

Judgments
Sage v Secretary of State for the Environment, Transport and the Regions & Maidstone BC [2003] UKHL 22

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 2025

  1. Notice upheld31 July 20263362300
    Carr-Barn Farm, Moorwood Moor Lane, Wessington, Alfreton, DE55 6DU
  2. Notice varied and upheld20 March 20263365057
    Springwood Farm, Cowley Lane, Holmesfield, Dronfield, S18 7SD
  3. Planning permission granted17 March 20253327195
    Land East Side of Gashouse Lane, Eckington, S20 5DF
  4. Dismissed7 March 20253352509
    The Old Smithy, Quarry Lane, Woolley Moor, Alfreton, DE55 6FN
  5. Quashed On Legal Grounds24 May 20243331303
    The Annexe Hagg Hill Hall, Hagg Hill New Tupton, Chesterfield, Derbyshire, S42 6JU

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.