®Planning appeal decision
Land west of Foxholes Lane, Tansley, Matlock, Derbyshire, DE4 5LF
Without planning permission, and within the last 10 years: 3.1 the material change of use from Agricultural land to a Mixed use of Residential, Agricultural and; 3.2 the stationing of two (2) caravans for residential use and the laying of paving slabs to provide a base for said caravans; and; 3.3 the stationing of large box container, a green metal container and fourteen wooden poles creating a circular structure, 2 large septic tanks, the stationing of vehicles associated with the residential use; the stationing of other residential paraphernalia (shown and marked on the attached plan)
- Authority
- Derbyshire Dales District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Preston C
Main issues, as the Inspector framed them
- The effect of the development on the character and appearance of the area
- Whether there is a justified need for the residential use of the site having regard to the agricultural use of the unit
What decided it
The appellants failed to demonstrate a functional need for full-time residential occupation to support the small-scale agricultural enterprise, and the development causes significant harm to the character and appearance of the landscape contrary to the development plan.
The clear and flagrant breach of planning policy and associated harm to landscape character outweighed the appellants' Article 8 Convention Rights to private and family life, as the interference was proportionate and the couple could continue to manage their livestock whilst living off-site.
Plan policies cited: Policy S4(k), Policy PD1, Policy PD5, Policy S4(i), Policy HC13, Policy S1
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.