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Planning appeal decision

Notice upheld8 May 20253342351

Summerley Cottage Summerley, Apperknowle, DRONFIELD, S18 4BA

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

Authority
North East Derbyshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Other minor developments
Inspector
Pleasant L

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.

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

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.