Town Planner Pro
Search appeal decisions

Planning appeal decision

Quashed On Legal Grounds12 March 20243326850

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

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

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.

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

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.