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Planning appeal decision

Allowed7 January 20253331342

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

Planning appeal 3331342 at Linden Lodge Holwell Lane, Scalford, Leicestershire, LE14 4DJ (Melton Borough Council) was allowed on 7 January 2025 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: 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.

Erection of a dwelling with no agricultural occupancy restrictions

Authority
Melton Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Phillips A
Postcode
LE14 4DJ

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.

The decision letter

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More decisions in Melton

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

  1. Allowed28 October 20253352293
    Loseby House, 61 Main Road, Kirby Bellars, Melton Mowbray, LE14 2DU
  2. Invalid7 July 20253343530
    Residential Dwelling at Shortcroft Field, Long Clawson, Melton Mowbray, Leicestershire, LE14 4NG
  3. Notice upheld23 February 20243305881
    Cranyke Farm, Eastwell Road, Scalford, LE14 4SS
  4. Planning permission granted22 June 20233274234
    Sandy View, Sandy Lane, Melton Mowbray, Leicestershire, LE13 0DL
  5. Planning permission granted18 May 20233277030
    Paddock Land, Barkestone Lane, Plungar, NG31 0JN

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.

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