Land at 40 - 42 Cavendish Road, Leicester, LE2 7PH

Planning appeal 3263175 at Land at 40 - 42 Cavendish Road, Leicester, LE2 7PH (Leicester City Council) was allowed in part (a split decision) on 24 August 2021 by Inspector Madge M, following an inquiry. The main issue, as the Inspector framed it: 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.

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
Postcode: LE2 7PH

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.

What the Inspector cited

Judgments: Gravesham BC v Secretary of State for the Environment (1982) 47 P & CR 142

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Leicester

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.