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Planning appeal decision

Notice varied and upheld17 June 20213262823

55 Gatehill Gardens, Luton, LU3 4EZ

Planning appeal 3262823 at 55 Gatehill Gardens, Luton, LU3 4EZ (Luton Borough Council) was allowed in part (a split decision) on 17 June 2021 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the wooden structure constitutes a breach of planning control or benefits from permitted development rights under the GPDO.

without planning permission, the erection of a wooden structure to the side elevation of the dwelling house on the land, in the approximate position shown hatched black on the attached plan

Authority
Luton Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Shields T
Postcode
LU3 4EZ

Main issues, as the Inspector framed them

  • Whether the wooden structure constitutes a breach of planning control or benefits from permitted development rights under the GPDO
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach
  • Whether the period for compliance with the notice is reasonable

What decided it

The timber materials used in the extension do not satisfy the condition A.3(a) requirement to be of similar appearance to the red brick and tiled roof materials of the existing house, and therefore the structure does not benefit from permitted development rights.

The decision letter

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More decisions in Luton Borough Council

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

  1. decided19 October 20266005795
    405B Dunstable Road, Luton, LU4 8DA
  2. Notice varied and upheld25 September 20263357206
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  3. Notice upheld3 September 20263370976
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  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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