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Quashed On Legal Grounds18 September 20263374392

Markham House, Markham Road, Duckmanton, Chesterfield, S44 5HP

Planning appeal 3374392 at Markham House, Markham Road, Duckmanton, Chesterfield, S44 5HP (Chesterfield Borough Council) was decided (quashed on legal grounds) on 18 September 2026 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control is immune from enforcement action through the passage of time under section 171B of the Town and Country Planning Act 1990.

Authority
Chesterfield Borough Council
Appeal type
Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Braithwaite J

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control is immune from enforcement action through the passage of time under section 171B of the Town and Country Planning Act 1990

What decided it

Precise photographic evidence of specific vehicles (a Renault car BG06XBW and a Mercedes-Benz car AY02YOD) appearing in both 2008 and 2024 photographs, combined with site observations of densely stored vehicles in poor condition, established on the balance of probability that the breach had subsisted continuously for more than ten years and was therefore immune from enforcement action.

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 Grounds14 September 20263373809
    Brampton House, 218 Old Hall Road, Chesterfield , S40 1HQ
  3. Notice upheld3 July 20263360317
    28 Mcmahon Avenue, Inkersall, Chesterfield, S43 3HN
  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.

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