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Quashed On Legal Grounds9 December 20223292748

Unit 1, Rolleston Lodge Business Centre, Harborough Road, Rolleston, Leicestershire, LE7 9EL

Planning appeal 3292748 at Unit 1, Rolleston Lodge Business Centre, Harborough Road, Rolleston, Leicestershire, LE7 9EL (Harborough District Council) was decided (quashed on legal grounds) on 9 December 2022 by Inspector Franks Z, following a hearing. The main issue, as the Inspector framed it: Whether Condition 3 on the 2016 Permission prevents the use of Unit 1 as a café.

failure to comply with condition 3 imposed on a planning permission ref 16/01478/FUL granted on 2 February 2017

Authority
Harborough District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
Franks Z
Postcode
LE7 9EL

Main issues, as the Inspector framed them

  • Whether Condition 3 on the 2016 Permission prevents the use of Unit 1 as a café

What decided it

Condition 3's wording ('restricted to the B1c use') was not clear and specific enough to exclude the operation of Article 3(1) of the UCO, so the café use fell within permitted flexibility under Class E and did not breach planning control.

What the Inspector cited

Judgments
Dunnett Investments Limited v SSCLG & East Dorset DC [2017] EWHC 534 (Civ); Dunoon Developments Limited v SSE & Poole BC [1992] JPL 936

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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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.