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Planning appeal decision

Notice upheld3 July 20263360317

28 Mcmahon Avenue, Inkersall, Chesterfield, S43 3HN

Planning appeal 3360317 at 28 Mcmahon Avenue, Inkersall, Chesterfield, S43 3HN (Chesterfield Borough Council) was dismissed on 3 July 2026 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: whether the metal container constitutes a building and thus operational development requiring planning permission.

without planning permission: the siting of a metal structure and operation of a beauty business from the metal structure which is located on the front driveway area and forward of the building line at the land. With the approximate location shown at point A and shown outlined with a blue border on the attached plan

Authority
Chesterfield Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hartley D
Postcode
S43 3HN

Main issues, as the Inspector framed them

  • whether the metal container constitutes a building and thus operational development requiring planning permission
  • whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The metal container, by reason of its size and permanence in a fixed position since 2023, constitutes a building and thus operational development requiring planning permission, and the enforcement notice requirements are not excessive.

The decision letter

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More decisions in Chesterfield

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

  1. Planning permission granted28 September 20263373897
    Five Acres, Piccadilly Road, Chesterfield, S41 0EH
  2. Quashed On Legal Grounds18 September 20263374392
    Markham House, Markham Road, Duckmanton, Chesterfield, S44 5HP
  3. Quashed On Legal Grounds14 September 20263373809
    Brampton House, 218 Old Hall Road, Chesterfield , S40 1HQ
  4. Notice upheld21 February 20253339738
    10 Pottery Lane West, Chesterfield, S41 9BN
  5. Dismissed15 October 20266014097
    15 Springfield Avenue, Chesterfield, S40 1DJ

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.