®Planning appeal decision
Land at 40 - 42 Cavendish Road, Leicester, LE2 7PH
without planning permission, the unauthorised change of use from house to 7 self-contained flats (7 x 1 bed)(Class C3); Unauthorised construction of two storey and single storey extension to rear, unauthorised construction of dormer extensions to the front and rear of the Property
- Authority
- Leicester City Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Madge M
Main issues, as the Inspector framed them
- Ground (d): whether the alleged material change of use had occurred and been continuous for 4 years so as to be immune from enforcement action
- Ground (f): whether the steps required by the notice are excessive and lesser steps could remedy the breach
- Ground (g): whether the compliance period specified is reasonable
What decided it
The appellant failed to prove, on the balance of probability, that the material change of use to 7 self-contained flats had occurred and been continuously maintained for the requisite 4-year immunity period, and no credible fallback position existed to justify reducing the notice's requirements.
Judgments cited: Gravesham BC v Secretary of State for the Environment (1982) 47 P & CR 142
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.