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Dismissed5 November 20213271543

176 Welford Road, Leicester, LE2 6BD

Planning appeal 3271543 at 176 Welford Road, Leicester, LE2 6BD (Leicester City Council) was dismissed on 5 November 2021 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether the council's decision to refuse an LDC was well-founded, turning on whether the use applied for had taken place for a 10 year period prior to the date of the application.

described as ‘Class D1 - Place of Worship

Authority
Leicester City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Willows P
Postcode
LE2 6BD

Main issues, as the Inspector framed them

  • Whether the council's decision to refuse an LDC was well-founded, turning on whether the use applied for had taken place for a 10 year period prior to the date of the application

What decided it

The appellant failed to demonstrate on the balance of probability that the building was in lawful use as a Class D1 place of worship for the required 10-year period, as the evidence showed a mixed or primarily residential use continued, particularly evidenced by the 2015 planning application describing it as a dwellinghouse and Council Tax records indicating student accommodation.

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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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