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Planning appeal decision

Notice varied and upheld11 June 20263349368

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

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

Authority
Harborough District Council
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 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.