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Dismissed11 November 20213276291

11 Anderson Mount, Leeds, LS8 5EQ

Planning appeal 3276291 at 11 Anderson Mount, Leeds, LS8 5EQ (Leeds City Council) was dismissed on 11 November 2021 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use or development is well founded, turning on whether the appellant can show that the use of the basement as a self-contained residential flat was lawful at the date of application.

use of basement as a self-contained residential flat (C3 use)

Authority
Leeds City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Madge M
Postcode
LS8 5EQ

Main issues, as the Inspector framed them

  • Whether the Council's refusal to issue a certificate of lawful use or development is well founded, turning on whether the appellant can show that the use of the basement as a self-contained residential flat was lawful at the date of application

What decided it

The appellant failed to discharge the burden of proof on the balance of probability that the basement was first used as a self-contained flat on or before the material date and that such use continued without significant interruption for any 4-year period.

What the Inspector cited

Judgments
Gabbitas v SSE & Newham LBC [1985] JPL 630

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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