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Notice varied and upheld30 May 20223233663

Land at The Old Coal Yard, Kirk Lane, Enderby, Leicester, Leicestershire, LE19 4AS

Planning appeal 3233663 at Land at The Old Coal Yard, Kirk Lane, Enderby, Leicester, Leicestershire, LE19 4AS (Blaby District Council) was allowed in part (a split decision) on 30 May 2022 by Inspector Shields T, following a hearing. The main issue, as the Inspector framed it: 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.

Without planning permission, the material change of use of the Land from a residential caravan site for occupation by gypsies and travellers to a mixed use as a residential caravan site for occupation by gypsies and travellers and by non-gypsies and travellers

Authority
Blaby District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Shields T
Postcode
LE19 4AS

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.

What the Inspector cited

Development plan policies
Policy CS16
Judgments
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

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Blaby

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

  1. Notice varied and upheld1 June 20263377143
    Caravan Site, Sycamore Street, Blaby, Leicestershire, LE8 4FJ
  2. Split Decision22 May 20263336551
    49-51 Main Street, Cosby, Leicester, LE9 1UW
  3. Notice varied and upheld13 May 20263351863
    39 Unity Road, Glenfield, Leicester, LE3 8FU
  4. Planning permission granted13 May 20263347520
    Cedar Cottage Broad Street, Enderby, Leicester, LE19 4AA
  5. 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.

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