®Planning appeal decision
Notice varied and upheld12 May 20223226354
Land known as Whitegate Stables and Spinneyside, Lying to the north-west of Aston Firs Cottage, Rosevale Park, Hinckley Road, Leicester, Leicestershire, LE9 4LH
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
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 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.