[2025] UKUT 00121 (LC)

At the valuation date the relevant planning policies for Rotherby were contained within the Melton Local Plan adopted in June 1999 (“MLP 1999”) to cover the period 1991 to 2006. The experts agreed that the policy relevant to the application site was OS2, which stated:

“Planning permission will not be granted for development outside the town and village envelopes shown on the proposals map except for:-

(A)

Development essential to the operational requirements of agriculture and forestry;

(B)

Limited small scale development for employment, recreation, and tourism which is not significantly detrimental to the appearance and rural character of the open countryside;

(C)

Development essential to the operational requirements of a public service authority, statutory undertaker or a licensed telecommunications code system operator;

(D)

Change of use of rural buildings;

(E)

Affordable housing in accordance with policy H8

Where such development would lead to the coalescence of existing settlements, planning permission will not be granted.”

I have not been provided with any plan of the Rotherby village envelope on a proposals map within the MLP 1999. However, I have been provided with a policies map from the subsequent MLP 2011-2036, adopted on 10 October 2018, which indicates the boundary of the Rotherby conservation area, shown below. Although this plan reflects the nursery land as developed, I assume that the boundary of the conservation area remained essentially unchanged from 1998, when it was referred to within the reason for conditions 18 – 22 of the outline planning permission (see above at paragraph 13). This boundary is clearly the boundary of development along Main Street and reflects approximately the boundary shown on the auction sales plan, beyond which the restriction was applied.