Linden Lodge Holwell Lane, Scalford, Leicestershire, LE14 4DJ

Authority: Melton Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Phillips A

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a LDC was well-founded, turning on whether the dwelling is so far removed from the agricultural dwelling approved under planning permissions 85/0431/6/919 and 85/0601/6/919 that it represents an unlawful operation and the agricultural occupancy condition does not apply

What decided it

The dwelling was constructed in a materially different location approximately 16 metres from its approved position with a larger and differently shaped planning unit, placing it outside the scope of the original planning permissions and rendering the agricultural occupancy condition inapplicable.

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