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Planning appeal decision

Notice varied and upheld30 March 20223285370

Mill Bank House, Leicester Road, Sapcote, Leicestershire, LE9 4JF

Planning appeal 3285370 at Mill Bank House, Leicester Road, Sapcote, Leicestershire, LE9 4JF (Blaby District Council) was allowed in part (a split decision) on 30 March 2022 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control.

Without planning permission the unauthorised erection of a structure (shown in blue in the approximate position on the attached plan)

Authority
Blaby District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Griffin E
Postcode
LE9 4JF

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control
  • Whether the period for compliance with the enforcement notice is too short

What decided it

The previous planning permission for the replacement dwelling could not be relied upon to justify the unauthorised structure because the permission's status was uncertain and its key condition regarding demolition of the original dwelling appeared to be a true condition precedent incapable of retrospective compliance.

The decision letter

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More decisions in Blaby

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

  1. Notice varied and upheld1 June 20263377143
    Caravan Site, Sycamore Street, Blaby, Leicestershire, LE8 4FJ
  2. Split Decision22 May 20263336551
    49-51 Main Street, Cosby, Leicester, LE9 1UW
  3. Notice varied and upheld13 May 20263351863
    39 Unity Road, Glenfield, Leicester, LE3 8FU
  4. Planning permission granted13 May 20263347520
    Cedar Cottage Broad Street, Enderby, Leicester, LE19 4AA
  5. Notice varied and upheld2 February 20263352287
    Stables Opposite 24 Riverside Way, Littlethorpe, Leicester, LE19 2PT

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.

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