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Planning appeal decision

Notice varied and upheld19 August 20213265340

35 Dunraven Avenue, Luton, LU1 1TP

Planning appeal 3265340 at 35 Dunraven Avenue, Luton, LU1 1TP (Luton Borough Council) was allowed in part (a split decision) on 19 August 2021 by Inspector Satheesan R, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control has occurred as a matter of fact.

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
Postcode
LU1 1TP

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.

What the Inspector cited

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

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.

See how each was applied

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. Allowed13 October 20266012456
    50 Harcourt Street, Luton, LU1 3QL
  3. Dismissed1 October 20266011652
    21 Marlin Road, Luton, LU4 0SH
  4. Notice varied and upheld25 September 20263357206
    70 Portland Road, Luton, LU4 8AY
  5. Dismissed9 September 20266009643
    110 Sundon Park Road, Luton, LU3 3AG

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.