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Planning appeal decision

Notice upheld11 March 20223287154

The Kouzina, 20 New Market, Otley, LS21 3AE

Planning appeal 3287154 at The Kouzina, 20 New Market, Otley, LS21 3AE (Leeds City Council) was dismissed on 11 March 2022 by Inspector McEntee K, by written representations. The main issue, as the Inspector framed it: Whether the time for compliance with the enforcement notice is unreasonably short.

Without planning permission the material change of use of a retail premises (Class E) to a hot food takeaway (Sui Generis) and the unauthorised development to facilitate the use consisting of a replacement upvc shopfront and an external galvanised extractor fan/chimney located on the roof

Authority
Leeds City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Change of use
Inspector
McEntee K
Postcode
LS21 3AE

Main issues, as the Inspector framed them

  • Whether the time for compliance with the enforcement notice is unreasonably short

What decided it

The appellant had been afforded sufficient time to comply with the enforcement notice requirements, and the purpose of a ground (g) appeal is not to allow time to explore other options but to demonstrate genuine inability to comply within the stated period.

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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