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Quashed On Legal Grounds19 January 20233294562

The Mill, Croft Hill Road, Huncote, Leicestershire, LE9 3GR

Planning appeal 3294562 at The Mill, Croft Hill Road, Huncote, Leicestershire, LE9 3GR (Blaby District Council) was decided (quashed on legal grounds) on 19 January 2023 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the development comprises operational development or a material change of use.

Erection of buildings for the research and development of products and processes (Class E(g)(ii) use) and the formation of an associated hardstanding

Authority
Blaby District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Rogers B
Postcode
LE9 3GR

Main issues, as the Inspector framed them

  • Whether the development comprises operational development or a material change of use
  • Whether the use is correctly described as a mixed use of Class E(g)(ii) and Class B8 or solely Class E(g)(ii)
  • Whether the development had been carried out more than four years before the relevant date under section 171B(1) of the Town and Country Planning Act 1990

What decided it

The development had been carried out more than four years before the relevant date of 30 October 2016, establishing immunity from enforcement action under section 171B of the Town and Country Planning Act 1990.

What the Inspector cited

Judgments
Murfitt v SSE & Another [1980] P & CR 254; Kestrel Hydro v SSCLG and Spelthorne BC [2016] EWCA Civ 784

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.

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The decision letter

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More decisions in Blaby

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

  1. Notice varied and upheld1 June 20263377143
    Caravan Site, Sycamore Street, Blaby, Leicestershire, LE8 4FJ
  2. Split Decision22 May 20263336551
    49-51 Main Street, Cosby, Leicester, LE9 1UW
  3. Notice varied and upheld13 May 20263351863
    39 Unity Road, Glenfield, Leicester, LE3 8FU
  4. Planning permission granted13 May 20263347520
    Cedar Cottage Broad Street, Enderby, Leicester, LE19 4AA
  5. Notice varied and upheld2 February 20263352287
    Stables Opposite 24 Riverside Way, Littlethorpe, Leicester, LE19 2PT

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.