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Quashed On Legal Grounds12 March 20243326850

Bracknell Farm Leicester Road, Earl Shilton, Leicester, LE9 7TJ

Planning appeal 3326850 at Bracknell Farm Leicester Road, Earl Shilton, Leicester, LE9 7TJ (Leicestershire County Council) was decided (quashed on legal grounds) on 12 March 2024 by Inspector Savage M, following a hearing. The main issue, as the Inspector framed it: Whether the enforcement notice is a nullity, given that no compliance period is specified for requirement d).

without planning permission, a material change of use of the Land from agriculture to a mixed use for agricultural use and a waste transfer centre

Authority
Leicestershire County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
minerals-waste · Change of use
Inspector
Savage M
Postcode
LE9 7TJ

Main issues, as the Inspector framed them

  • Whether the enforcement notice is a nullity, given that no compliance period is specified for requirement d)

What decided it

The enforcement notice failed to specify a compliance period for requirement d), rendering it a nullity under section 173(9) of the 1990 Act.

What the Inspector cited

Judgments
King & King v Secretary of State for the Environment [1981] JPL 813; Lynes & Lynes v West Berkshire District Council [2002] EWHC 1828 (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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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.