®Planning appeal decision
88 Dorothy Road, LEICESTER, LE5 5DQ
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
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.
Judgments cited: 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
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.