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Notice varied and upheld9 January 20253343384

Stable View, Bowden Lane, Market Harborough, Licestershire, LE16 7UX

Planning appeal 3343384 at Stable View, Bowden Lane, Market Harborough, Licestershire, LE16 7UX (Harborough District Council) was allowed in part (a split decision) on 9 January 2025 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: The risk of flooding.

change of use of land for siting of 1 mobile home, dayroom, and hardstanding to provide 1 no. Gypsy and Traveller pitch (revised scheme of 22/01238/FUL) part retrospective

Authority
Harborough District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Hartley D
Postcode
LE16 7UX

Main issues, as the Inspector framed them

  • The risk of flooding
  • Whether the site is sustainably located and accords with Policy H6(5)(b) of the adopted 2019 Harborough Local Plan 2011-2031
  • If planning harm has been caused, whether this is outweighed by other considerations sufficient to justify the grant of planning permission

What decided it

The occupiers would be at unacceptable risk from flooding in Flood Zone 3, which national policy prohibits for highly vulnerable development, and this constitutes a strong reason for refusing development that cannot be outweighed by other material considerations.

The very substantial adverse weight afforded to flood risk and significant weight to locational sustainability concerns outweighed the positive weight given to gypsy and traveller accommodation need, family circumstances, disability considerations, children's welfare, and cultural rights, resulting in dismissal of the appeal.

What the Inspector cited

Development plan policies
Policy H6(5)(b)Policy H6(5)(g)(iv)Policy CC3Policy GD1
National Planning Policy Framework
Paragraph 11Paragraph 14Paragraph 26Paragraph 27Paragraph 110
Judgments
Smith v SSLUHC & Ors [2022] EWCA

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. Allowed1 July 20263355160
    Midsummer Cottage, Hallaton Road, Horninghold, Leicestershire, LE16 8DH
  2. Notice varied and upheld11 June 20263349368
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  3. Quashed On Legal Grounds17 September 20253321546
    Trotters & Gills Lake, Willoughby Road, Ashby Magna, Leicetsershire, LE17 5NP
  4. Notice varied and upheld22 July 20253322468
    Blackberry Way Main Street, Leire, Lutterworth, LE17 5HF
  5. Notice varied and upheld3 July 20253339923
    Land Opposite Wild Meadow, Bowden Lane, Welham, LE16 7UX

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.