Unit 1, Rolleston Lodge Business Centre, Harborough Road, Rolleston, Leicestershire, LE7 9EL

failure to comply with condition 3 imposed on a planning permission ref 16/01478/FUL granted on 2 February 2017

Authority: Harborough District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: employment-industrial · Change of use
Inspector: Franks Z

Main issues, as the Inspector framed them

Whether Condition 3 on the 2016 Permission prevents the use of Unit 1 as a café

What decided it

Condition 3's wording ('restricted to the B1c use') was not clear and specific enough to exclude the operation of Article 3(1) of the UCO, so the café use fell within permitted flexibility under Class E and did not breach planning control.

Judgments cited: Dunnett Investments Limited v SSCLG & East Dorset DC [2017] EWHC 534 (Civ); Dunoon Developments Limited v SSE & Poole BC [1992] JPL 936

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