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Planning appeal decision

Dismissed1 August 20223284033

40-42 Cavendish Road, Leicester, LE2 7PH

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

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.