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Planning appeal decision

Notice varied and upheld23 April 20263355558

Whiteborough Farm Chesterfield Road, Huthwaite, Sutton-in-Ashfield, NG17 2QJ

Planning appeal 3355558 at Whiteborough Farm Chesterfield Road, Huthwaite, Sutton-in-Ashfield, NG17 2QJ (Ashfield District Council) was allowed in part (a split decision) on 23 April 2026 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: Whether the access track construction constitutes operational development and a breach of planning control.

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
Postcode
NG17 2QJ

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 decision letter

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More decisions in Ashfield

The authority’s record since 2016 · every decision in 2026

  1. Quashed On Legal Grounds25 August 20263371810
    46 Mapplewells Road, Sutton-in-Ashfield, NG17 1HW
  2. Notice upheld21 November 20243348000
    Land on the West Side of Brickyard, Brickyard Drive, Hucknall, Nottingham, NG15 7PG
  3. Dismissed20 November 20243330233
    Land Opposite 151 Derby Road , Kirkby In Ashfield , Nottinghamshire, NG17 9AT
  4. Allowed29 October 20243330359
    79D Outram Street, Sutton In Ashfield, NG17 4BG
  5. Split Decision13 November 20233321017
    Land Adjacent to Woodend Public House, Chesterfield Road, Huthwaite, Nottinghamshire, NG17 2QL

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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