®Planning appeal decision
Land Situated at Lyndon Thomas, Birchfield Springs, Rushton Road, Desborough, NN14 2QN
Planning appeal 3253535 at Land Situated at Lyndon Thomas, Birchfield Springs, Rushton Road, Desborough, NN14 2QN (Kettering Borough Council *) was decided (quashed on legal grounds) on 18 May 2023 by Inspector Peerless K, following an inquiry. The main issue, as the Inspector framed it: on Ground (b): whether all the allegations that are claimed to comprise the unauthorised mixed use have occurred as a matter of fact and, if they have not, whether this should result in the quashing of the enforcement notice.
Material change of use of land to a mixed sui generis use comprising minerals winning/working/storage/sale, importation/processing of waste, storage of plant/machinery, residential use, a fishing lake business, mechanical repairs, and associated operational development (buildings, pond/lakes, haul road, hardstanding, portacabin)
- Authority
- Kettering Borough Council *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Change of use
- Inspector
- Peerless K
- Postcode
- NN14 2QN
Main issues, as the Inspector framed them
- on Ground (b): whether all the allegations that are claimed to comprise the unauthorised mixed use have occurred as a matter of fact and, if they have not, whether this should result in the quashing of the enforcement notice
- whether the 2010 planning permission has been and remains validly implemented and if it has, on ground (c): whether the allegations relate to that permission are consequently authorised
- if these grounds fail then, on ground (f): whether the requirements of the notice exceed what is necessary to remedy the breach of planning control or injury to amenity and on ground (g): whether the time for compliance is reasonable
What decided it
The mixed use alleged in the enforcement notice was found to be factually incorrect (mineral extraction and waste operations were not separate uses), and correcting the notice would have caused injustice to the appellants who could no longer pursue a ground (a) appeal, so the notice had to be quashed in its entirety.
The 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 Kettering Borough Council
The authority’s record since 2016 · every decision in 2023
- Notice upheld18 August 20233262337Plot 24B Greenfields, Baybrooke Road, Braybrooke, LE16 9LX
- Notice varied and upheld30 August 20223240989Land East of Cransley Road, Loddington, Northamptonshire, NN14 1JX
- Notice varied and upheld16 September 20213240085Land Title 217277 Situated at Greenfields Top Field, Braybrooke Road, Braybrooke, Northamptonshire, LE16 8JW
- Dismissed27 May 20253358199United Reformed Church, Fox Street, Rothwell, Kettering, NN14 6AN
- Unknown18 August 20233262332Plot 24B Greenfields, Baybrooke Road, Market Harborough , LE16 8JW
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.