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Planning appeal decision

Notice varied and upheld13 November 20233304677

The Old Cottage Main Street, Shackerstone, Nuneaton, CV13 6NR

Planning appeal 3304677 at The Old Cottage Main Street, Shackerstone, Nuneaton, CV13 6NR (Hinckley and Bosworth Borough Council) was allowed in part (a split decision) on 13 November 2023 by Inspector McGlone A, following an inquiry. The main issue, as the Inspector framed it: Ground (d) - that, at the date the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by the matters.

without planning permission, the erection of an outbuilding as shown in the photograph under appendix 1 of this notice

Authority
Hinckley and Bosworth Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Householder developments
Inspector
McGlone A
Postcode
CV13 6NR

Main issues, as the Inspector framed them

  • Ground (d) - that, at the date the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by the matters

What decided it

The internal works to the outbuilding were not substantially completed by 5 July 2018, so the four-year immunity period under s.171B(1) had not elapsed.

What the Inspector cited

Judgments
Sage v SSETR & Maidstone BC [2003] UKHL 22

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 Hinckley and Bosworth

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

  1. Notice varied and upheld6 May 20263347029
    Land at Shenton Lane, Upton, Nuneaton, CV13 6LB
  2. Notice upheld14 April 20263365801
    69 Burbage Road, Burbage, Leicestershire, LE10 2TS
  3. Dismissed25 September 20253330026
    Wide View Fenn Lane, Fenny Drayton, Nuneaton, CV13 6BJ
  4. Notice varied and upheld12 June 20253346915
    Land at 37 London Road, Hinckley, Leicestershire, LE10 1HQ
  5. Dismissed12 June 20253346910
    37A London Road, Hinckley , Leicestershire, LE10 1HQ

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.