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Allowed31 October 20223294931

Lea Halls, Bute Street, Luton , LU1 2WJ

Planning appeal 3294931 at Lea Halls, Bute Street, Luton , LU1 2WJ (Luton Borough Council) was allowed on 31 October 2022 by Inspector Longmuir J, following an inquiry. The main issue, as the Inspector framed it: whether the principle of the change of use would be consistent with the relevant development plan policies, national planning policies and the Luton Town Centre Masterplan Framework.

Conversion and change of use of student accommodation (Sui Generis) to 132 flats (52 one bedroom, 40 two-bedroom, 36 three-bedroom and 4 four-bedroom), together with construction of new entrance canopies added to existing buildings and alterations to parking provision, boundary treatments, lighting, cycle stores, bin stores, landscaping, public realm works, after demolition of existing on-site warden bungalow

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Longmuir J
Postcode
LU1 2WJ

Main issues, as the Inspector framed them

  • whether the principle of the change of use would be consistent with the relevant development plan policies, national planning policies and the Luton Town Centre Masterplan Framework
  • whether the proposal would be an efficient use of land
  • the effect of the proposal on the character and appearance of the area, including the public realm and the accessibility to the town centre
  • whether the intended occupants would have satisfactory living conditions in respect of external space

What decided it

The proposal was found to accord with the development plan taken as a whole, with only very limited conflict with a non-statutory Masterplan document that could not outweigh that accordance.

The benefits of housing delivery, efficient re-use of a brownfield site, reduced carbon emissions and improved appearance outweighed the very limited conflict with the aspirational (non-statutory) Masterplan, and the proposal was found to accord with the development plan as a whole, so the appeal was allowed.

What the Inspector cited

Development plan policies
LLP1LLP15LLP3LLP11LLP25LLP37LLP32LLP39LLP16LLP13
National Planning Policy Framework
Paragraph 7Paragraph 8Paragraph 9Paragraph 11Paragraph 56Paragraph 57Paragraph 60Paragraph 73Paragraph 74Paragraph 92Paragraph 93Paragraph 119Paragraph 120Paragraph 126Paragraph 130Paragraph 152Paragraph 2
Judgments
Wheatcroft v. Secretary of State for the Environment and Another [1980]

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 authority’s record since 2016 · every decision in 2022

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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.

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.