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Planning appeal decision

Quashed On Legal Grounds6 April 20223284959

BUILDING SITUATED AT FIELD OS 0900, WALTHAM ROAD, BRANSTON, LEICESTERSHIRE, NG32 1RY

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.

Plan policies cited: Policy EN1, Policy EN6, Policy D1

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.