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Allowed20 February 20233301466

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

Planning appeal 3301466 at Underwood Lodge, Underworld Drive, Rawdon, Leeds, LS19 6LA (Leeds City Council) was allowed on 20 February 2023 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: 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.

Completion of garage attached to main house as per approved planning permission 27/29/00/FU (Demolition of old detached garage and landscaping completed within permitted time)

Authority
Leeds City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Wharton T
Postcode
LS19 6LA

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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