®Planning appeal decision
2 Windermere Street, Leicester, LE2 7GT
Planning appeal 3232202 at 2 Windermere Street, Leicester, LE2 7GT (Leicester City Council) was allowed in part (a split decision) on 28 October 2021 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: The effect of the development on the living conditions of existing and future occupiers of the self-contained flats, having regard to internal size, layout, outlook and external amenity space and on the living conditions of existing and future occupiers of the self-contained flats and nearby residents, with regard to the ability of the area to assimilate the development.
Without planning permission, the material change of use of the Property from a dwellinghouse (Class C3) to a hot food takeaway (Class A5) on the ground floor and three self-contained flats on the ground floor rear, the first floor and the second floor and the construction of a detached building to the rear of the Property to provide one self-contained flat (Class C3)
- Authority
- Leicester City Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Boffin D
- Postcode
- LE2 7GT
Main issues, as the Inspector framed them
- The effect of the development on the living conditions of existing and future occupiers of the self-contained flats, having regard to internal size, layout, outlook and external amenity space and on the living conditions of existing and future occupiers of the self-contained flats and nearby residents, with regard to the ability of the area to assimilate the development
- The effect of the detached building on the character and appearance of the area
What decided it
The development results in significant harm to the living conditions of existing and future occupiers of the self-contained flats through inadequate internal size, layout, outlook and external amenity space, which substantially and demonstrably outweighs the modest benefit of three additional housing units.
The modest contribution of three additional self-contained flats to housing supply, in a context of a shortfall in 5-year housing land supply, is substantially outweighed by the significant harm to the living conditions of the flats' occupiers and the failure to provide a high standard of amenity, such that the presumption in favour of sustainable development does not apply.
What the Inspector cited
- Development plan policies
- Saved Policy H07Saved Policy PS10CS Policy 3
- National Planning Policy Framework
- Paragraph 11Paragraph 12Paragraph 56Paragraph 219
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2021
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- Notice varied and upheld18 May 202633773552-4 Colton Street, Leicester, LE1 1QA
- Dismissed13 May 2026336180033 Parker Drive, Leicester, LE4 0JP
- Dismissed7 May 20263373950219 Clarendon Park Road, Leicester Sikh Centre, Land Adjacent to 92 Adderley Road, LE2 3AN
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.