Fourways Farm, Narrow Lane, Wymeswold, Leicestershire, LE12 6SD

Planning appeal 3242127 at Fourways Farm, Narrow Lane, Wymeswold, Leicestershire, LE12 6SD (Charnwood Borough Council) was decided (quashed on legal grounds) on 13 April 2022 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: Whether the enforcement notice should be corrected under section 176(1)(a) of the 1990 Act without injustice to either party.

Unauthorised change of use from agricultural equipment store and aircraft hangar to a mixed use of agricultural equipment store, aircraft hangar and residential dwelling

Authority: Charnwood Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: Boffin D
Postcode: LE12 6SD

Main issues, as the Inspector framed them

Whether the enforcement notice should be corrected under section 176(1)(a) of the 1990 Act without injustice to either party
Whether, on ground (d), the material change of use alleged began before 29 October 2009 and continued for at least 10 years without material interruption
Whether the Welwyn principle applied such that deliberate concealment or positive deception by the appellants or their predecessors deprived them of immunity under section 171B of the 1990 Act

What decided it

The appellants established, on the balance of probabilities, 10 years' continuous residential use before the notice was issued, and the Welwyn principle of deliberate concealment was not engaged.

What the Inspector cited

Judgments: Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15; [2011] JPL 1183; R (oao Matilda Holdings Ltd) v SSCLG [2016] EWHC 2725 (Admin)

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 Charnwood

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

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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.