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Planning appeal decision

Quashed On Legal Grounds30 January 20233286572

52 Burley Road, Langham, OAKHAM, LE15 7HY

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

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.

Framework references: 12

Plan policies cited: CS23, SP21, HR2b

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.