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Planning appeal decision

Dismissed19 July 20213266587

2a Woodbank, Glen Parva, Leicester, LE2 9QP

Planning appeal 3266587 at 2a Woodbank, Glen Parva, Leicester, LE2 9QP (Blaby District Council) was dismissed on 19 July 2021 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the application for a certificate of lawfulness was well-founded with particular regard to whether the proposed development would be granted planning permission under Article 3(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015.

erection of single storey building within the curtilage of 2A Woodbank required for a purpose incidental to the enjoyment of the dwelling as such

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Whitfield J
Postcode
LE2 9QP

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the application for a certificate of lawfulness was well-founded with particular regard to whether the proposed development would be granted planning permission under Article 3(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015

What decided it

The scale of the proposed gym and office building (49.5m² footprint, representing 100% of the host dwelling's footprint and a 50% increase in floor space) was not reasonably required for purposes incidental to the enjoyment of a two-bedroom dwelling.

What the Inspector cited

Judgments
Emin v SSE & Mid Sussex DC [1989]

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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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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