Land Adj to Main Road, Claybrooke Magna, Leicestershire, LE17 5AQ

Planning appeal 3287649 at Land Adj to Main Road, Claybrooke Magna, Leicestershire, LE17 5AQ (Harborough District Council) was allowed in part (a split decision) on 7 December 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the matters stated in the notice as constituting the breach of planning control have occurred as a matter of fact.

without planning permission: a. The creation of a vehicular access from the Land onto a classified road (Main Road - B577) in the approximate position marked by a red arrow on the Plan b. The associated removal of vegetation and engineering works, conducted in order to create the vehicular access including the new gravel hard surface laid for the access track, shown hatched blue on the Plan

Authority: Harborough District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Other minor developments
Inspector: Savage M

Main issues, as the Inspector framed them

Whether the matters stated in the notice as constituting the breach of planning control have occurred as a matter of fact
Whether those matters constitute a breach of planning control
Whether at the date the notice was issued, enforcement action could be taken in respect of the breach

What decided it

The physical evidence from photographs and site inspection demonstrated that extensive engineering works created a new vehicular access to a classified road in summer 2021, well within the enforcement period, and no planning permission existed for such development.

The decision letter

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

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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.