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Planning appeal decision

Notice upheld1 May 20253321631

Thistle Cottage Scotland Lane, Burton Overy, Leicester, LE8 9DR

Planning appeal 3321631 at Thistle Cottage Scotland Lane, Burton Overy, Leicester, LE8 9DR (Harborough District Council) was dismissed on 1 May 2025 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: the effect of the development on the living conditions of the occupiers of neighbouring residential properties in respect of noise and disturbance.

without planning permission, the material change of use of the land from agricultural use to a dog care facility (sui generis)

Authority
Harborough District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Hartley D
Postcode
LE8 9DR

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of the occupiers of neighbouring residential properties in respect of noise and disturbance
  • the safe movement and operation of vehicles in Scotland Lane
  • the character and appearance of the countryside
  • the significance and setting of the Burton Overy Conservation Area

What decided it

The material harm to the living conditions of neighbouring residents from general disturbance caused by the character of dog barking and associated comings and goings, combined with significant harm to the rural character of the countryside and the setting of the conservation area, collectively outweighed the economic and social benefits of the development.

What the Inspector cited

Development plan policies
GD3GD8.1(e)GD8.1(l)GD8.1(a)GD8.1(d)GD8.1(c)HC1.3IN2.2(a)DBE1DBE1(a)
National Planning Policy Framework
Paragraph 135Paragraph 116Paragraph 215Paragraph 12Paragraph 16

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 Harborough

The authority’s record since 2016 · every decision in 2025

  1. Allowed14 August 20266006603
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    Ate Farms Ltd, Moorbarns Lane, Lutterworth, LE17 4JD
  3. Allowed28 July 20266004327
    Manor Field, Grange Lane, Leicester, LE7 9QA
  4. Allowed1 July 20263355160
    Midsummer Cottage, Hallaton Road, Horninghold, Leicestershire, LE16 8DH
  5. Notice varied and upheld11 June 20263349368
    Land Adjacent Elmdede, Main Street , Cotesbach, Lutterworth, LE17 4HZ

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.