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Planning appeal decision

Notice upheld19 October 20223295125

Land North of Green Lane, Owston, Leicestershire, LE15 8DX

Planning appeal 3295125 at Land North of Green Lane, Owston, Leicestershire, LE15 8DX (Harborough District Council) was dismissed on 19 October 2022 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact (ground b).

without planning permission, the material change of use of the Land from agriculture to the stationing of a mobile home/caravan and associated structures for residential purposes in the approximate location hatched black on the plan

Authority
Harborough District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Rogers B
Postcode
LE15 8DX

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact (ground b)
  • Whether there has been a breach of planning control (ground c)
  • Whether at the time the notice was issued it was too late to take enforcement action (ground d)
  • Whether the requirements of the notice are no more than is needed to remedy the breach (ground f)

What decided it

The appellants failed to demonstrate a continuous breach of planning control for the 10-year period required under ground (d), as the only evidence of pre-2019 occupation was the land owner's vague reference to "on and off" use with no corroboration of continuous residential occupation.

The decision letter

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More decisions in Harborough

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

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  5. Notice varied and upheld3 July 20253339923
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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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