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Planning appeal decision

Notice varied and upheld23 April 20263355558

Whiteborough Farm Chesterfield Road, Huthwaite, SUTTON-IN-ASHFIELD, NG17 2QJ

Without planning permission, the unauthorised development and engineering works to install containers, black fabricated metal sections, hardstanding and field access track

Authority
Ashfield District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Minor general industry/storage/warehousing
Inspector
Pleasant L

Main issues, as the Inspector framed them

  • Whether the access track construction constitutes operational development and a breach of planning control
  • Whether the access track is immune from enforcement action on the basis of the four-year limitation period
  • Whether the steps required by the enforcement notice are excessive
  • Whether the compliance period of one month is reasonable

What decided it

The access track was substantially completed by April 2019, prior to the four-year limitation period, making it immune from enforcement action under section 171A of the Town and Country Planning Act 1990.

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.