Millstone Mushrooms, Corby Road, East Carlton, Market Harborough, LE16 8YB

Planning appeal 3266883 at Millstone Mushrooms, Corby Road, East Carlton, Market Harborough, LE16 8YB (Corby Borough Council *) was allowed on 15 November 2021 by Inspector Franks Z, following a hearing. The main issue, as the Inspector framed it: Whether enforcement action in respect of the proposed operations could have been taken at the date of the application (14 October 2020) and more specifically whether development had commenced under planning permission reference CO92/C212 ('the 1993 Permission') so that it is still extant.

Free-range production/poultry building, associated yard and access road

Authority: Corby Borough Council *
Appeal type: ldc · Lawful Development Certificate
Procedure: Hearing
Development: agricultural · Major general industry/storage/warehousing
Inspector: Franks Z
Postcode: LE16 8YB

Main issues, as the Inspector framed them

Whether enforcement action in respect of the proposed operations could have been taken at the date of the application (14 October 2020) and more specifically whether development had commenced under planning permission reference CO92/C212 ('the 1993 Permission') so that it is still extant.

What decided it

The Inspector found that none of the relevant conditions, including condition 4 on the access road, were true conditions precedent or Grampian conditions preventing lawful commencement, so the access road works undertaken before February 1998 constituted lawful commencement of the 1993 Permission.

What the Inspector cited

Judgments: Grampian Regional Council v City of Aberdeen DC (1984) 47 P & CR 633; R. (on the application of Hart Aggregates Ltd) v Hartlepool BC [2005] EWHC 840 (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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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.