®Planning appeal decision
The Stables, Charnells Court, Swepstone, LE67 2SG
Planning appeal 3247734 at The Stables, Charnells Court, Swepstone, LE67 2SG (North West Leicestershire District Council) was allowed in part (a split decision) on 10 June 2021 by Inspector Dyer S, following an inquiry. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the site and the surrounding area.
without planning permission the unauthorised material change of use of the Site from agriculture to residential use incorporating garden land and vehicular parking in connection with the residential occupation of The Stables, Charnells Court, Main Street, Swepstone including the erection of a hipped roofed open fronted timber garage and timber lean-to wood store, brick walls, brick pillars and timber gates, mono pitched timber car port, hard standing, fencing and timber summer house
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Dyer S
- Postcode
- LE67 2SG
Main issues, as the Inspector framed them
- the effect of the development on the character and appearance of the site and the surrounding area
- whether an appropriate assessment is required under the Conservation of Habitats and Species Regulations 2017 in respect of the River Mease Special Area of Conservation
What decided it
The Inspector's finding that the development caused harm to the character and appearance of the site and surrounding countryside, contrary to Local Plan Policy S3, with no material considerations outweighing that conflict.
the harm to the character and appearance of the site and surrounding countryside, contrary to Policy S3, outweighed the appellant's personal benefit from the use, so the deemed application was refused
What the Inspector cited
- Development plan policies
- Policy S3Policy EN2
- Judgments
- Kestrel Hydro v SSCLG & Spelthorne BC [2016] EWCA Civ 784; Somak Travel v SSE & Brent LBC [1987] JPL 630
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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in North West Leicestershire
The authority’s record since 2016 · every decision in 2021
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- Notice varied and upheld6 February 20253342579Former Site of Stardust, Beveridge Lane, Bardon, Coalville, Leicestershire, LE67 1TB
- Notice upheld7 July 20233292588Land at Whitegate Stables, Coleorton Lane, Packington, Ashby-De-La-Zouch, Leicestershire, LE65 1XJ
- Allowed6 October 20266010669Land Off Chapel Lane, Osgathorpe, Loughborough, LE12 9SX
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.