Land South of Lindley Wood, Fenn Lanes, Nuneaton, CV10 0TU

Planning appeal 3311456 at Land South of Lindley Wood, Fenn Lanes, Nuneaton, CV10 0TU (Hinckley and Bosworth Borough Council) was dismissed on 24 April 2024 by Inspector Walker A, following an inquiry. The main issue, as the Inspector framed it: The main issue is whether, if the Council had refused to grant a Certificate of Lawful Use or Development (LDC), that refusal would have been well-founded.

the erection of palisade fencing

Authority: Hinckley and Bosworth Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Inquiry
Development: employment-industrial · Major general industry/storage/warehousing
Inspector: Walker A
Postcode: CV13 6BJ

Main issues, as the Inspector framed them

The main issue is whether, if the Council had refused to grant a Certificate of Lawful Use or Development (LDC), that refusal would have been well-founded.
The main issue is the effect of the fence on the character and appearance of the area.

What decided it

The existence of a realistic fallback position to erect a 2m fence under permitted development rights was decisive in dismissing the 2.4m fence proposal (Appeal B) and in requiring the enforcement notice to be varied rather than requiring total removal (Appeal C), while Appeal A turned on insufficiency of evidence of 10 years' continuous lawful storage use.

the harm to character and appearance from the 2.4m fence was not outweighed by the fallback position of a lesser, permitted 2m fence, so the balance favoured dismissal of Appeal B

What the Inspector cited

Development plan policies: Policy DM4Policy DM10
Judgments: Jennings Motors Ltd v SSE & New Forest DC [1982] 2 WLR 131; [1982] JPL 181

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.

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The decision letter

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More decisions in Hinckley and Bosworth

The authority’s record since 2016 · every decision in 2024

Notice varied and upheld6 May 20263347029
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Notice upheld14 April 20263365801
69 Burbage Road, Burbage, Leicestershire, LE10 2TS
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Notice varied and upheld12 June 20253346915
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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.