®Planning appeal decision
Building Situated at Field Os 0900, Waltham Road, Branston, Leicestershire, NG32 1RY
Planning appeal 3284959 at Building Situated at Field Os 0900, Waltham Road, Branston, Leicestershire, NG32 1RY (Melton Borough Council) was decided (quashed on legal grounds) on 6 April 2022 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Appeal A ground (d): whether the enforcement notice was issued too late as the alleged breach was substantially completed more than four years before the notice date.
retention of existing shed structure in connection with use of land as smallholding/allotment and the formation of access track within the site
- Authority
- Melton Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- agricultural · Other minor developments
- Inspector
- Shields T
Main issues, as the Inspector framed them
- Appeal A ground (d): whether the enforcement notice was issued too late as the alleged breach was substantially completed more than four years before the notice date
- Appeal B: the effect of the appeal building on the character and appearance of the area
What decided it
The appellant's sworn statement supported by dated delivery notes, purchase receipts, and photographs showing substantial completion before 29 September 2017 established the building was immune from enforcement action under the four-year rule, while on planning merits the building's excessive size and prominence relative to the minimal agricultural use demonstrated caused unacceptable harm to rural character.
What the Inspector cited
- Development plan policies
- Policy EN1Policy EN6Policy D1
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
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With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2022
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- Allowed7 January 20253331342Linden Lodge Holwell Lane, Scalford, Leicestershire, LE14 4DJ
- Notice upheld23 February 20243305881Cranyke Farm, Eastwell Road, Scalford, LE14 4SS
- Planning permission granted22 June 20233274234Sandy View, Sandy Lane, Melton Mowbray, Leicestershire, LE13 0DL
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.