Planning appeal decision
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.
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