Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed1 August 20223284033

40-42 Cavendish Road, Leicester, LE2 7PH

Planning appeal 3284033 at 40-42 Cavendish Road, Leicester, LE2 7PH (Leicester City Council) was dismissed on 1 August 2022 by Inspector Willows P, 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 use and operations for which a certificate is sought were lawful on the date the application was made.

described as: ‘Two storey and single storey rear extension, erection of two dormers to the front elevation and rear outbuilding and internal subdivision to seven flats ’

Authority
Leicester City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Willows P
Postcode
LE2 7PH

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 use and operations for which a certificate is sought were lawful on the date the application was made

What decided it

The enforcement notice issued on 13 October 2020 had the effect of suspending the time limits for enforcement action under section 171B(4), such that the time for taking enforcement action had not expired on the date of the LDC application, rendering the development unlawful.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

98 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Leicester

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld10 August 20263375592
    337 Narborough Road, Leicester, LE3 2RD
  2. Notice varied and upheld10 August 20263375206
    88 Headland Road, Leicester, LE5 6AD
  3. Notice varied and upheld18 May 20263377355
    2-4 Colton Street, Leicester, LE1 1QA
  4. Dismissed13 May 20263361800
    33 Parker Drive, Leicester, LE4 0JP
  5. Dismissed7 May 20263373950
    219 Clarendon Park Road, Leicester Sikh Centre, Land Adjacent to 92 Adderley Road, LE2 3AN

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.