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Notice varied and upheld17 January 20233296958

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

Planning appeal 3296958 at Panache Station Road, Old Leake, Boston, PE22 9QQ (Boston Borough Council) was allowed in part (a split decision) on 17 January 2023 by Inspector Franks Z, following a hearing. The main issue, as the Inspector framed it: 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.

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
Postcode
PE22 9QQ

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

What the Inspector cited

Development plan policies
Policy 1Policy 2Policy 3Policy 4Policy 7
National Planning Policy Framework
Paragraph 159

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 Boston

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

  1. Allowed25 September 20266010342
    The Firs Country Park, West End Road, Boston, PE21 7LL
  2. Notice upheld17 June 20263377880
    2A Red Lion Street, Boston, PE21 6NY
  3. Notice varied and upheld26 March 20263364389
    57 Tawney Street, Boston, PE21 6PD
  4. Notice upheld20 March 20263338677
    18 Thorold Street, Boston, PE21 6PH
  5. Notice upheld18 March 20263337913
    31 Wide Bargate, Boston, Lincolnshire, PE21 6SR

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.