Hall Farm, Copt Oak Road, Copt Oak

appeal 6006388·North West Leicestershire·25 August 2026dismissed
Decision
dismissed, 25 August 2026
Decided by
Planning Inspector: K Craddock
Authority
North West Leicestershire (East Midlands)
Appeal reference
6006388
Application reference
25/01015/FUL
Procedure
written representations
Development
Use of former groom's accommodation (stone outbuilding) as an independent dwelling, with surface water drainage works
Homes
1
Site context
open countryside, rural lane
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
S5, HO11(1)(c), TR3
Development plan policies
North West Leicestershire Local Plan 2021 S2, S3
Main issues
suitable location for housing; spatial strategy; access to services

Summary

Conversion of a former groom's flat in a farm courtyard to a separate house, in a hamlet classed as countryside. Dismissed. Heavy car reliance (no services, unlit B591 with no footway) conflicted with the local plan's countryside accessibility criterion, and the building was not shown to be redundant or disused, so the Framework's isolated-homes re-use route did not help.

Issues and findings

Planning balance

Plan-led s38(6) balance, not an S5(1) "substantially outweighed" balance. One dwelling, drainage and short-term economic benefits all "limited weight" vs social and environmental conflict: "there are no material considerations that outweigh the conflict with the development plan" (DL ¶19, ¶21).

What made the difference

The building was still a functioning (if vacant) ancillary flat, so it could not be called redundant or disused; and the site had nothing walkable and only an unlit, footway-less B-road. The appellant supplied no evidence on services, lawful use or trip generation. A clearly redundant building, proven lawful PDL status, or a transport statement showing no net increase in trips would have been needed. Notably, the inspector did not consider S5(1)(c) (reuse of an existing lawful building) or HO11(1)(d) (subdivision of an existing residential building), either of which might have been argued.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
HO11(1)(c)failletter cites "Policies S5, HO10 and T3" for re-use of redundant/disused buildings — the re-use limb is actually HO11(1)(c); not shown redundant or disused, as still laid out and equipped as ancillary accommodation (DL 15-16)
TR3failcited as "T3"; no services nearby, B591 unlit with no footway; heavy reliance on private car (DL 10-12, 15)
S5(1)(d)not-engagednot addressed as an S5 limb; PDL status unproven (lawful use agricultural vs equestrian disputed) in the context of LP S3(e) (DL 13-14)
S5(1)(c)not-engagedreuse-of-existing-building limb not discussed despite the proposal being a conversion
NWLLP S2, S3conflicthamlet → countryside; S3 criterion (vi) accessibility by range of sustainable transport not met; policies found consistent with the Framework (DL 7-9, 20)
HO7benefitlimitedone additional dwelling given limited weight (HO7 not named) (DL 19)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.