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Dismissed30 December 20213282072

Alban Villa, Bridle Path Road, Shadwell, Leeds, LS17 9ND

Planning appeal 3282072 at Alban Villa, Bridle Path Road, Shadwell, Leeds, LS17 9ND (Leeds City Council) was dismissed on 30 December 2021 by Inspector Housden S, by written representations. The main issue, as the Inspector framed it: whether the proposed development would be permitted under Part 3, Schedule 2, Class Q of the GPDO, having particular regard to the limitations of Paragraph Q.1(i) in relation to the works reasonably necessary for the buildings to function as dwellinghouses.

Conversion of existing barns into three dwellings including removal of non-convertible barns

Authority
Leeds City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Housden S
Postcode
LS17 9ND

Main issues, as the Inspector framed them

  • whether the proposed development would be permitted under Part 3, Schedule 2, Class Q of the GPDO, having particular regard to the limitations of Paragraph Q.1(i) in relation to the works reasonably necessary for the buildings to function as dwellinghouses
  • the extent of the proposed curtilage, having regard to the interpretation of Part 3 of the GPDO set out at Paragraph X

What decided it

The extent of the proposed building operations, particularly the substantial replacement of materials, requirement for new structural elements, and extensive demolition of lean-to extensions, would exceed what could reasonably be described as conversion and therefore fall outside the permitted development rights under Class Q(b) of the GPDO.

What the Inspector cited

Judgments
Bernard Wheatcroft v Secretary of State for the Environment (1982); Hibbitt and another v Secretary of State for Communities and Local Government (1) and Rushcliffe Borough Council (2) [2016] EWHC 2853 (Admin)

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.

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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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