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Notice varied and upheld11 June 20263349368

Land Adjacent Elmdede, Main Street , Cotesbach, Lutterworth, LE17 4HZ

Planning appeal 3349368 at Land Adjacent Elmdede, Main Street , Cotesbach, Lutterworth, LE17 4HZ (Harborough District Council) was allowed in part (a split decision) on 11 June 2026 by Inspector Jones D, by written representations. The main issue, as the Inspector framed it: Whether the unauthorised storage use had commenced at least 10 years before the enforcement notice was issued and continued without significant interruption for at least a 10-year period, such that enforcement action was time-barred under section 171B(3) of the Town and Country Planning Act 1990.

the material change of use of the land from open paddock land to an open storage use (the “unauthorised development”). Photographs of the land between September 2011 and January 2023 are attached as Appendix A of this notice

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Jones D

Main issues, as the Inspector framed them

  • Whether the unauthorised storage use had commenced at least 10 years before the enforcement notice was issued and continued without significant interruption for at least a 10-year period, such that enforcement action was time-barred under section 171B(3) of the Town and Country Planning Act 1990

What decided it

The appellants failed to establish that the breach of planning control occurred before 21 June 2014, as the storage use was initially permitted under the GPDO as temporary provision for adjacent construction works, and the breach only arose upon completion of those works, which occurred after April 2015.

The decision letter

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The authority’s record since 2016 · every decision in 2026

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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.

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