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Planning appeal decision

Notice varied and upheld17 January 20223249669

236 High Town Road, Luton, Bedfordshire, LU2 0DN

Planning appeal 3249669 at 236 High Town Road, Luton, Bedfordshire, LU2 0DN (Luton Borough Council) was allowed in part (a split decision) on 17 January 2022 by Inspector Brown S, by written representations. The main issue, as the Inspector framed it: Whether the alleged change of use is immune from enforcement action as a result of the passage of time (ground d).

Change of use of a single dwellinghouse to eight self-contained flats

Authority
Luton Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Brown S
Postcode
LU2 0DN

Main issues, as the Inspector framed them

  • Whether the alleged change of use is immune from enforcement action as a result of the passage of time (ground d)
  • Whether copies of the enforcement notice were properly served (ground e)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach (ground f)
  • Whether the compliance period is too short (ground g)

What decided it

The compliance period of 6 months was insufficient to allow adequate time for tenants to find alternative accommodation and for the necessary physical works to be carried out, justifying an extension to 9 months.

The decision letter

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More decisions in Luton Borough Council

The authority’s record since 2016 · every decision in 2022

  1. decided19 October 20266005795
    405B Dunstable Road, Luton, LU4 8DA
  2. Notice varied and upheld25 September 20263357206
    70 Portland Road, Luton, LU4 8AY
  3. Notice upheld3 September 20263370976
    7 Elmwood Crescent, Luton, Bedfordshire, LU2 7HX
  4. Notice upheld3 August 20263372530
    207B Dunstable Road, Luton, Bedfordshire, LU1 1DD
  5. Notice upheld3 August 20263355784
    197-199 Dunstable Road, Luton, Bedfordshire, LU1 1DD

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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