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Planning appeal decision

Notice varied and upheld11 June 20213259271

88 Tudor Road, The Loft, Leicester , LE3 5HY

Planning appeal 3259271 at 88 Tudor Road, The Loft, Leicester , LE3 5HY (Leicester City Council) was allowed in part (a split decision) on 11 June 2021 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control (unauthorised material change of use from large HMO to 8 self-contained flats) has occurred and constitutes a breach of planning control (grounds (b) and (c)).

conversion of building to provide student accommodation in the form of eight (8x) rooms with enhanced facilities and an outdoor communal area

Authority
Leicester City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Boffin D
Postcode
LE3 5HY

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control (unauthorised material change of use from large HMO to 8 self-contained flats) has occurred and constitutes a breach of planning control (grounds (b) and (c))
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach (ground (f))
  • Whether the period for compliance is reasonable (ground (g))

What decided it

The physical and functional separation of each unit with its own kitchen, en-suite facilities and lockable door meant each constituted a separate planning unit, making the use as 8 self-contained flats a material change of use requiring planning permission.

The decision letter

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The authority’s record since 2016 · every decision in 2021

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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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