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Quashed On Legal Grounds25 November 20223289687

The Paddocks, Bungalow Farm, Leicester Road, Earl Shilton, Leicestershire, LE9 7TJ

Planning appeal 3289687 at The Paddocks, Bungalow Farm, Leicester Road, Earl Shilton, Leicestershire, LE9 7TJ (Hinckley and Bosworth Borough Council) was decided (quashed on legal grounds) on 25 November 2022 by Inspector Harbottle M, following an inquiry. The main issue, as the Inspector framed it: Whether, on the balance of probability, the formation of the new vehicular access was substantially completed on or before 25 November 2017, the Relevant Date, such that it is immune from enforcement action under ground (d).

Without planning permission, the formation of a new vehicular access from the land onto Hinckley Road (the A47), which is a classified road

Authority
Hinckley and Bosworth Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Other minor developments
Inspector
Harbottle M
Postcode
LE9 7TJ

Main issues, as the Inspector framed them

  • Whether, on the balance of probability, the formation of the new vehicular access was substantially completed on or before 25 November 2017, the Relevant Date, such that it is immune from enforcement action under ground (d)

What decided it

The tested oral evidence of John Hall, to which substantial weight was given, demonstrated the new vehicular access was in use before the Relevant Date and therefore substantially complete.

The decision letter

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More decisions in Hinckley and Bosworth

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

  1. Notice varied and upheld6 May 20263347029
    Land at Shenton Lane, Upton, Nuneaton, CV13 6LB
  2. Notice upheld14 April 20263365801
    69 Burbage Road, Burbage, Leicestershire, LE10 2TS
  3. Dismissed25 September 20253330026
    Wide View Fenn Lane, Fenny Drayton, Nuneaton, CV13 6BJ
  4. Notice varied and upheld12 June 20253346915
    Land at 37 London Road, Hinckley, Leicestershire, LE10 1HQ
  5. Dismissed12 June 20253346910
    37A London Road, Hinckley , Leicestershire, LE10 1HQ

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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