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Dismissed24 January 20253320892

Kingfisher House, 6 Kingfisher Way, Sheepy Parva, Atherstone , Leicestershire, CV9 3SW

Planning appeal 3320892 at Kingfisher House, 6 Kingfisher Way, Sheepy Parva, Atherstone , Leicestershire, CV9 3SW (Hinckley and Bosworth Borough Council) was dismissed on 24 January 2025 by Inspector Jones D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded.

Commencement of the construction of a greenhouse (incidental outbuilding)

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Jones D
Postcode
CV9 3SW

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded

What decided it

The physical layout of the building and land, particularly the tributary providing a strong sense of separation and the greenhouse's location a considerable distance from the dwelling, resulted in a lack of intimate association between the dwelling and the land on which the greenhouse was being constructed.

What the Inspector cited

Judgments
Hiley v Secretary of State for Levelling Up, Housing and Communities [2022] EWHC 1289 (Admin); Hampshire CC & the Open Spaces Society & Others v SSEFRA & Blackbushe Airport [2020] EWHC 959 (Admin), [2021] EWCA 398, [2020] JPL 1359; Methuen-Campbell v Walters [1979] 1 QB 525; Attorney General, ex r Sutcliffe v Calderdale Borough Council [1983] 46 P&CR 399; Burford v SSCLG & Test Valley BC [2017] EWHC 1493 (Admin)

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 2025

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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.