®Planning appeal decision
2 Windermere Street, LEICESTER, LE2 7GT
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
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.
Framework references: 11, 12, 56, 219
Plan policies cited: Saved Policy H07, Saved Policy PS10, CS Policy 3
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.