®Planning appeal decision
52 Burley Road, Langham, Oakham, LE15 7HY
Planning appeal 3286572 at 52 Burley Road, Langham, Oakham, LE15 7HY (Rutland County Council) was decided (quashed on legal grounds) on 30 January 2023 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether the alleged material change of use of the Paddock Land from agricultural use to garden has occurred as a matter of fact.
without planning permission; (i) The material change of use of agricultural land ("the Paddock Land") shown hatched and edged pink on the attached Plan B, from agricultural use to the use of the Paddock Land as a garden for purposes incidental to the enjoyment of the dwellinghouse 52 Burley Road, Langham, Oakham. (ii) The erection of three timber buildings shown as red rectangles 1, 2 and 3 ("Buildings 1, 2 and 3") on Plan A, Building 1 is sited within the curtilage and forward of the principal elevation of the dwellinghouse 52 Burley Road, Langham, and Buildings 2 and 3 are sited within the Paddock Land
- Authority
- Rutland County Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Madge M
- Postcode
- LE15 7HY
Main issues, as the Inspector framed them
- Whether the alleged material change of use of the Paddock Land from agricultural use to garden has occurred as a matter of fact
- Whether the erection of Buildings 1, 2 and 3 constitute development or benefit from planning permission
- The effect of Buildings 1 and 2 on the setting of the listed building Brookside Cottage and the character and appearance of Langham Conservation Area
What decided it
The Inspector's finding that the land had been in continuous residential use since 1995 meant no material change of use had occurred, and that Buildings 1 and 2 would cause no harm to heritage assets or conservation area character, justifying planning permission.
What the Inspector cited
- Development plan policies
- CS23SP21HR2b
- National Planning Policy Framework
- Paragraph 12
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
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.
With an account
What an account adds to this decision
More decisions in Rutland
The authority’s record since 2016 · every decision in 2023
- Allowed11 August 2026600931626 Main Street, Empingham, Oakham, LE15 8PS
- Quashed On Legal Grounds11 April 20233295642Hazel Hill Farm Wing Road, Morcott, Oakham, LE15 9DA
- Dismissed12 October 20266009205Land Rear of 25-27 Stapleford Road, Whissendine, LE15 7HF
- Allowed12 October 20266007557Land North of Wotton Close, Ketton, PE9 3DA
- Dismissed30 September 20266010934Land off Pickworh Road, Great Casterton, PE9 4AU
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.