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Planning appeal decision

Notice varied and upheld19 August 20213265340

35 Dunraven Avenue, LUTON, LU1 1TP

without planning permission the change of use of the land from a single dwelling house to a mixed use as a single dwelling house and short term let accommodation (The Unlawful Use”)

Authority
Luton Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Satheesan R

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control has occurred as a matter of fact
  • Whether the matters alleged constitute a breach of planning control
  • Whether at the time the enforcement notice was issued it was too late to take action

What decided it

The property's use for short-term holiday lettings with 117+ reviews over 2 years, booked for as little as one night, created a significantly different pattern of transient occupancy and vehicular activity compared to normal residential use, constituting a material change of use requiring planning permission.

Judgments cited: Moore v SSCLG & Suffolk Coastal DC [2012] EWCA Civ 2101

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.