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Dismissed12 April 20233308717

The Oaks Lodges Stapleton Lane, Kirkby Mallory, Leicester, LE9 7QJ

Planning appeal 3308717 at The Oaks Lodges Stapleton Lane, Kirkby Mallory, Leicester, LE9 7QJ (Hinckley and Bosworth Borough Council) was dismissed on 12 April 2023 by Inspector Hobbs J, by written representations. The main issue, as the Inspector framed it: whether the site is an appropriate location for the proposed development having regard to the development strategy and the accessibility of services.

the erection of a two storey house in connection with the applicant’s business at the site

Authority
Hinckley and Bosworth Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hobbs J
Postcode
LE9 7QJ

Main issues, as the Inspector framed them

  • whether the site is an appropriate location for the proposed development having regard to the development strategy and the accessibility of services
  • the effect of the proposed development on the character and appearance of the area
  • whether the proposed development would provide acceptable living conditions for future occupiers

What decided it

The failure to demonstrate that rural worker accommodation is essential for the business, combined with the remote location outside the settlement boundary and unacceptable living conditions due to noise from the racing circuit, meant the adverse impacts significantly and demonstrably outweighed the limited benefits even under the tilted balance.

The adverse impacts of residential accommodation outside a settlement, reliance on private vehicle and unacceptable living conditions for future occupiers significantly and demonstrably outweighed the limited benefits of housing delivery, improved local vitality and environmental credentials of the proposed dwelling.

What the Inspector cited

Development plan policies
Policy 13Policy DM4Policy DM5Policy DM1Policy DM17Policy DM10
National Planning Policy Framework
Paragraph 79Paragraph 130Paragraph 11

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. Dismissed27 July 20266008411
    Regent Court, Regent Street, Hinckley, LE10 0AD
  2. Allowed13 May 20266004703
    Land at 72A Newbold Road, Barlestone, CV13 0DY
  3. Dismissed15 December 20253369401
    Land off York Close, Market Bosworth, CV13 0ND
  4. Allowed7 August 20253355084
    7 Springfield Road, Hinckley, Leicestershire, LE10 1AN
  5. Allowed13 March 20253348387
    Land East of The Common, Barwell, LE9 8BR

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.