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Notice upheld7 July 20233292588

Land at Whitegate Stables, Coleorton Lane, Packington, Ashby-De-La-Zouch, Leicestershire, LE65 1XJ

Planning appeal 3292588 at Land at Whitegate Stables, Coleorton Lane, Packington, Ashby-De-La-Zouch, Leicestershire, LE65 1XJ (North West Leicestershire District Council) was dismissed on 7 July 2023 by Inspector Preston C, following an inquiry. The main issue, as the Inspector framed it: The effect of the development on highway safety.

described on the application form as: Twelve mobile homes for Gypsy families. Appeal

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Preston C
Postcode
LE65 1XJ

Main issues, as the Inspector framed them

  • The effect of the development on highway safety
  • Whether the location of the site is suitable for the development, having regard to the accessibility of local shops and services and taking account of available options with regard to modes of travel
  • The effect of the proposal on the character and appearance of the area
  • If any harm does arise in relation to the first three main issues, whether that harm is outweighed by other material considerations to an extent that would warrant the grant of planning permission

What decided it

The absence of highway safety harm combined with the substantial weight given to unmet Gypsy and Traveller need and personal circumstances secured Appeal C, while the lack of an executed s106 agreement covering the enforcement appeal caused Appeal A to be dismissed.

the substantial weight attached to personal circumstances, unmet Gypsy and Traveller need and the lack of alternative sites outweighed the limited, mitigable harm to character and appearance and the limited weight against the appeals from intentional unauthorised development, so the balance favoured allowing Appeal C but not Appeal A, which lacked equivalent s106 mitigation

What the Inspector cited

Development plan policies
Policy S3Policy H7Policy IF4Policy En3Policy S2Policy EN1Policy EN2Policy IF1
National Planning Policy Framework
Paragraph 105Paragraph 110Paragraph 111
Judgments
Smith judgment

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 applied

The decision letter

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More decisions in North West Leicestershire

The authority’s record since 2016 · every decision in 2023

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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.

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