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Planning appeal decision

Notice varied and upheld17 January 20233296958

Panache Station Road, Old Leake, BOSTON, PE22 9QQ

COU to garden and keeping and breeding of dogs including construction of kennels (retrospective)

Authority
Boston Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Change of use
Inspector
Franks Z

Main issues, as the Inspector framed them

  • Whether the development is in the countryside, and whether it can be demonstrated that it meets the sustainable development needs of the area in terms of economic, community or environmental benefits
  • The effect of the development on the character and appearance of the area
  • The effect of the development on the living conditions of the occupiers of neighbouring properties
  • Whether the development would comply with local and national policy which seeks to ensure that inappropriate development in areas of flooding should be avoided

What decided it

The unresolved conflict with countryside, design, living conditions and flood risk policies, none of which could be satisfactorily addressed by conditions, outweighed the claimed benefits of the business.

the harm to character and appearance, living conditions and the unaddressed flood risk, together with conflict with the development plan, outweighed the appellant's claimed economic and employment benefits, so permission was refused

Framework references: 159

Plan policies cited: Policy 1, Policy 2, Policy 3, Policy 4, Policy 7

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.