®Planning appeal decision
88 Dorothy Road, Leicester, LE5 5DQ
Planning appeal 3274370 at 88 Dorothy Road, Leicester, LE5 5DQ (Leicester City Council) was dismissed on 9 November 2021 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the erection of the building has been undertaken in accordance with permission 20180137 and whether the single storey rear extension and dormer are permitted development by virtue of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended.
an existing dwelling, dormer and single storey rear extension
- Authority
- Leicester City Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Phillips A
- Postcode
- LE5 5DQ
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the erection of the building has been undertaken in accordance with permission 20180137 and whether the single storey rear extension and dormer are permitted development by virtue of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended
What decided it
The Council's evidence that the dwelling, dormer and single storey rear extension were completed as a single operation, combined with the appellant's failure to demonstrate that the original dwelling was substantially completed in accordance with the approved scheme before the extensions were started, meant that permission 20180137 was not lawfully implemented and permitted development rights could not apply.
What the Inspector cited
- Judgments
- Gabbitas v SSE & Newham LBC [1985] JPL 630; Ewen Developments v SSE & North Norfolk DC [1980] JPL 404; Sage v SSETR & Maidstone BC [2003] UKHL 22; Impey v SSE & Lake District SPB [1981] JPL 363; [1984] P&CR 157; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15
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 appliedThe 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.