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Planning appeal decision

Dismissed26 October 20213277177

120 Cavendish Road, Leicester, LE2 7PH

Planning appeal 3277177 at 120 Cavendish Road, Leicester, LE2 7PH (Leicester City Council) was dismissed on 26 October 2021 by Inspector Smith A, by written representations. The main issue, as the Inspector framed it: Whether acceptable living conditions for future occupiers would avail, having particular regard to internal living arrangements and the accessibility and quality of private external amenity space.

Construction of new pitched roof to replace existing flat roof, and rear dormer windows to create 1 x 1-bed flat (Class C3)

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Smith A
Postcode
LE2 7PH

Main issues, as the Inspector framed them

  • Whether acceptable living conditions for future occupiers would avail, having particular regard to internal living arrangements and the accessibility and quality of private external amenity space
  • Whether the intended storage facilities for refuse and cycles would be suitably accessible
  • Whether acceptable parking opportunities for future occupiers would be provided

What decided it

The proposed external amenity space would not be suitably positioned or laid out to function as a high-quality useable facility for future occupiers, resulting in unacceptable living conditions that outweighed the limited housing delivery benefit.

The harm to living conditions of future occupiers would significantly and demonstrably outweigh the scheme's limited benefit of delivering a single additional housing unit, even in the context of a potential housing land supply shortfall.

What the Inspector cited

Development plan policies
Policy CS3 of the Core Strategy (July 2014)saved Policy H07 of the City of Leicester Local Plan (January 2006)saved Policy PS10 of the City of Leicester Local Plan (January 2006)saved Policy AM12 of the City of Leicester Local Plan (January 2006)

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 authority’s record since 2016 · every decision in 2021

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.