®Planning appeal decision
Land at The Old Coal Yard, Kirk Lane, Enderby, Leicester, Leicestershire, LE19 4AS
- Authority
- Blaby District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Shields T
Main issues, as the Inspector framed them
- Whether the description of development in the extant planning permission imposes a continuing limitation on the use of the site restricting occupation to gypsies and travellers
- Whether the mixed occupation of the site amounts to a material change of use constituting development
- Whether the period allowed for compliance with the notice falls short of what should reasonably be allowed
What decided it
The extant permission's description of development imposed a continuing limitation restricting occupation to gypsies and travellers, and the introduction of a significant number of non-gypsy and traveller occupiers amounted to a material change of use constituting a breach of planning control.
Plan policies cited: Policy CS16
Judgments cited: I'm Your Man Ltd v SSE & North Somerset DC [1999] 4 PLR 107; Norfolk Caravan Park Ltd v SSHCLG & Broadland DC [2021] EWHC 2114 (Admin); Wall & Ors v Winchester CC [2015] EWCA Civ 563; Richmond upon Thames LBC v SSETR & Richmond upon Thames Churches Housing Trust [2001] JPL 84; R(oao) Royal Borough of Kensington and Chelsea v SSCLG and David Reis and Gianna Tong [2016] EWHC 1785; Hertfordshire CC v SSCLG & Metal and Waste Recycling Limited [2012] EWCA Civ 1473
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.