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Planning appeal decision

Allowed8 April 20253350029

Kalamunda Hob Hill, Hazelwood, Belper, DE56 4AL

Planning appeal 3350029 at Kalamunda Hob Hill, Hazelwood, Belper, DE56 4AL (Amber Valley Borough Council) was allowed on 8 April 2025 by Inspector Hainsworth D, by written representations. The main issue, as the Inspector framed it: Whether the land has been used as domestic curtilage/residential garden land for a continuous period of 10 years such that no enforcement action could have been taken by the date of application.

The use of land as residential garden land for a period in excess of 10 years

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Hainsworth D
Postcode
DE56 4AL

Main issues, as the Inspector framed them

  • Whether the land has been used as domestic curtilage/residential garden land for a continuous period of 10 years such that no enforcement action could have been taken by the date of application

What decided it

The cumulative photographic and documentary evidence from 2012 onwards demonstrating continuous use of the land as one unified residential garden, including removal of the dividing fence in 2012 and consistent maintenance and landscaping, satisfied the balance of probabilities that no enforcement action could have been taken by the application date.

The decision letter

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More decisions in Amber Valley

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

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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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