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Planning appeal decision

Allowed1 July 20263355160

Midsummer Cottage, Hallaton Road, Horninghold, Leicestershire, LE16 8DH

Planning appeal 3355160 at Midsummer Cottage, Hallaton Road, Horninghold, Leicestershire, LE16 8DH (Harborough District Council) was allowed on 1 July 2026 by Inspector Jones D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development (LDC) was well founded.

the use of the land as residential garden

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Jones D
Postcode
LE16 8DH

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development (LDC) was well founded

What decided it

The appellant's credible statutory declarations, supported by photographic and aerial evidence showing consistent residential garden use over more than 10 years, established on the balance of probabilities that the use was lawful and immune from enforcement.

The decision letter

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More decisions in Harborough

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

  1. Notice varied and upheld11 June 20263349368
    Land Adjacent Elmdede, Main Street , Cotesbach, Lutterworth, LE17 4HZ
  2. Quashed On Legal Grounds17 September 20253321546
    Trotters & Gills Lake, Willoughby Road, Ashby Magna, Leicetsershire, LE17 5NP
  3. Notice varied and upheld22 July 20253322468
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  4. Notice varied and upheld3 July 20253339923
    Land Opposite Wild Meadow, Bowden Lane, Welham, LE16 7UX
  5. Notice upheld1 May 20253339817
    9 Lubenham Hill, Market Harborough, LE16 9DG

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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