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Notice upheld4 August 20263364229

Morcar Wood, Grangewood, Netherseal, Swadlincote, DE12 8BH

Planning appeal 3364229 at Morcar Wood, Grangewood, Netherseal, Swadlincote, DE12 8BH (South Derbyshire District Council) was dismissed on 4 August 2026 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact (ground b).

Appeal type
major · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Braithwaite J

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact (ground b)
  • Whether there has been a breach of planning control, specifically whether the development is permitted under the GPDO (ground c)
  • Whether the development complies with SDLP policy that seeks to protect rural areas from unnecessary development (ground a)
  • Whether the enforcement notice is excessive (ground f)
  • Whether the compliance period of six months is reasonable (ground g)

What decided it

The timber cabin is a two-bedroom residential dwelling incongruous and intrusive in its woodland setting, not essential to forestry work, and the development has an unduly detrimental impact on landscape character, conflicting with SDLP policy BNE5 with no material considerations to justify departure from the development plan.

What the Inspector cited

Development plan policies
SDLP policy BNE5

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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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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