Squatter's cottage demolition resisted due to land stability concern

The demolition of a locally listed cottage dating from the 19th century on the edge of a Derbyshire settlement was prevented after an inspector decided she could not be certain that the land could safely accommodate a pair of semi-detached houses.

In accepting that the existing building, which was small and heavily altered from its original state, was in poor condition, the inspector agreed that its loss was justified since a viable use was unlikely to be secured. Nevertheless, the site lay within a high risk area as defined by the Coal Authority and a coal mining report indicated mining features and hazards in the locality. Given the risk of unrecorded underground coal mining a technical assessment of building on the land was required and this had not been provided by the appellant. Since it had not been confirmed that the land was safe to build upon the appeal was dismissed.

Inspector: Sarah Colebourne; Written representations

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