Land Known As Whitegate Stables and Spinneyside, Lying to the North-West of Aston Firs Cottage, Rosevale Park, Hinckley Road, Leicester, Leicestershire, LE9 4LH

Planning appeal 3226354 at Land Known As Whitegate Stables and Spinneyside, Lying to the North-West of Aston Firs Cottage, Rosevale Park, Hinckley Road, Leicester, Leicestershire, LE9 4LH (Blaby District Council) was allowed in part (a split decision) on 12 May 2022 by Inspector Kean G, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was properly served.

without planning permission, the material change of use of the Land to a mixed use for agriculture and the deposit, transfer and processing (including burning) of waste

Authority: Blaby District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: minerals-waste · Change of use
Inspector: Kean G
Postcode: LE9 4LH

Main issues, as the Inspector framed them

Whether the enforcement notice was properly served
Whether the enforcement notice was a nullity due to lack of proper delegated authority to the contractor who issued it
Whether the waste transfer and processing matters were improperly included as they are a county matter
Whether the breach of planning control alleged has occurred as a matter of fact
Whether at the time the enforcement notice was issued it was too late to take enforcement action in respect of the hardstanding
Whether the steps required to comply with the notice are excessive

What decided it

The Inspector upheld the enforcement notice in part, allowing the appeal only to the extent of removing the requirement to remove the entrance gates and modifying the restoration requirement to restore land to its former condition prior to the breach rather than specifying exact levels and seeding.

The decision letter

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More decisions in Blaby

The authority’s record since 2016 · every decision in 2022

Notice varied and upheld1 June 20263377143
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Split Decision22 May 20263336551
49-51 Main Street, Cosby, Leicester, LE9 1UW
Notice varied and upheld13 May 20263351863
39 Unity Road, Glenfield, Leicester, LE3 8FU
Planning permission granted13 May 20263347520
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Notice varied and upheld2 February 20263352287
Stables Opposite 24 Riverside Way, Littlethorpe, Leicester, LE19 2PT

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.