Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice upheld18 October 20223281539

Land at 62 Welland Avenue, Gartree, LE16 7RW

Planning appeal 3281539 at Land at 62 Welland Avenue, Gartree, LE16 7RW (Harborough District Council) was dismissed on 18 October 2022 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether, at the time the enforcement notice was issued, it was too late to take enforcement action on the ground that the use as a self-contained residential unit commenced prior to 30 July 2017 and continued for four years.

Without planning permission, the material change of use of the outbuilding marked “A” on the Plan, to a self- contained residential unit, as shown in photographs Figure 1, 2 and 3 attached to this notice

Authority
Harborough District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Rogers B
Postcode
LE16 7RW

Main issues, as the Inspector framed them

  • Whether, at the time the enforcement notice was issued, it was too late to take enforcement action on the ground that the use as a self-contained residential unit commenced prior to 30 July 2017 and continued for four years

What decided it

The appellant failed to demonstrate on the balance of probability that the self-contained residential use commenced prior to 30 July 2017, as the Council's contemporaneous site visit records and the condition of the kitchen facilities contradicted his claims.

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.

Appeals plan, £15 a month

With an account

What an account adds to this decision

7 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Harborough

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

  1. Allowed1 July 20263355160
    Midsummer Cottage, Hallaton Road, Horninghold, Leicestershire, LE16 8DH
  2. Notice varied and upheld11 June 20263349368
    Land Adjacent Elmdede, Main Street , Cotesbach, Lutterworth, LE17 4HZ
  3. Quashed On Legal Grounds17 September 20253321546
    Trotters & Gills Lake, Willoughby Road, Ashby Magna, Leicetsershire, LE17 5NP
  4. Notice varied and upheld22 July 20253322468
    Blackberry Way Main Street, Leire, Lutterworth, LE17 5HF
  5. Notice varied and upheld3 July 20253339923
    Land Opposite Wild Meadow, Bowden Lane, Welham, LE16 7UX

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.