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Planning appeal decision

Quashed On Legal Grounds14 August 20233300478

Land at 203 Narborough Road, Leicester, LE3 0PE

Planning appeal 3300478 at Land at 203 Narborough Road, Leicester, LE3 0PE (Leicester City Council) was decided (quashed on legal grounds) on 14 August 2023 by Inspector Baxter C, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is valid and capable of being upheld, having regard to the extent of deviation between the approved plans for permission 20141807 and what has been constructed on site.

Change of use of first floor and two storey extension to public house (class A4) and conversion and two storey extension to outbuilding at rear to create enlarged ground floor to public house, 4 studio flats and 6 one bedroomed flats (class C3)

Authority
Leicester City Council
Appeal type
major · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Baxter C
Postcode
LE3 0PE

Main issues, as the Inspector framed them

  • Whether the enforcement notice is valid and capable of being upheld, having regard to the extent of deviation between the approved plans for permission 20141807 and what has been constructed on site

What decided it

The extensive and substantial differences between the approved plans and the constructed development, combined with the failure to discharge pre-commencement conditions, meant that permission 20141807 was not implemented and the enforcement notice was invalid and incapable of correction without injustice.

The decision letter

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More decisions in Leicester

The authority’s record since 2016 · every decision in 2023

  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.

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