Underwood Lodge, Underworld Drive, Rawdon, Leeds, LS19 6LA

Authority: Leeds City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Wharton T

Main issues, as the Inspector framed them

Whether or not the evidence submitted in support of the LDC application is sufficiently precise and unambiguous to demonstrate that the demolition of the existing garage was lawfully implemented and constituted the commencement of planning approval 27/29/00/FU
Whether or not condition 2 of 27/29/00/FU was a condition precedent for commencement of the development

What decided it

The demolition of the garage and landscaping works, evidenced by photographs and contractor records and agreed by the LPA, constituted lawful commencement of the permission within the five-year timescale, and Condition 2 regarding materials did not go to the heart of the permission.

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