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Planning appeal decision

Planning permission granted16 June 20213261785

Rayns Island, Rothley, Leicestershire, LE7 7NL

Planning appeal 3261785 at Rayns Island, Rothley, Leicestershire, LE7 7NL (Charnwood Borough Council) was allowed on 16 June 2021 by Inspector Madge M, following a hearing. The main issue, as the Inspector framed it: The effects of flooding.

without planning permission the change of use of the Land to residential use and the erection of buildings and structures associated with the residential use

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Householder developments
Inspector
Madge M
Postcode
LE7 7NL

Main issues, as the Inspector framed them

  • The effects of flooding
  • The effects on the Local Wildlife Site
  • The effects on character and appearance

What decided it

The finding that the previous owners' residential use of the brick building had achieved four-year immunity from enforcement and had not been abandoned in the interim.

What the Inspector cited

Development plan policies
CS16CS13CS2CS11EV1CT2
National Planning Policy Framework
Paragraph 164
Judgments
Gravesham BC v Secretary of State for the Environment (1982) 47 P & CR 142; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568; Panton and Farmer v SSETR & Vale of White Horse DC [1999] JPL461; Hartley v MHLG [1970] 1 QB 413; The Trustees of Castell-y-Mynach Estate v Taff-Ely BC [1985] JPL 40; Hughes v SSETR & South Holland DC [2000] JPL 826

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 applied

The decision letter

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More decisions in Charnwood

The authority’s record since 2016 · every decision in 2021

  1. Allowed29 September 20266010437
    Simtec Materials Handling, Unit 116, The Burrows, East Goscote, LE7 3XD
  2. Notice varied and upheld18 March 20263357878
    Brand Hill House Brand Hill, Woodhouse Eaves, Loughborough, LE12 8SX
  3. Allowed30 October 20253348761
    1041 Loughborough Road, Rothley, Leicester, LE7 7NL
  4. Notice varied and upheld2 September 20253341122
    64C Brick Kiln Lane, Shepshed, Leicestershire, LE12 9EL
  5. Notice varied and upheld2 September 20253341102
    64B Brick Kiln Lane, Shepshed, Loughborough, Leicestershire, LE12 9EL

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.