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Planning appeal decision

Allowed17 July 20233302408

13A St. Albans Road, Leicester, LE2 1GF

Planning appeal 3302408 at 13A St. Albans Road, Leicester, LE2 1GF (Leicester City Council) was allowed on 17 July 2023 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a lawful development certificate was well-founded, turning on whether use of the appeal building as a self-contained dwellinghouse was lawful on the day the application was made.

described as a ‘self-contained dwelling flat (C3)

Authority
Leicester City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Willows P
Postcode
LE2 1GF

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a lawful development certificate was well-founded, turning on whether use of the appeal building as a self-contained dwellinghouse was lawful on the day the application was made

What decided it

The tenancy agreements clearly relating to the appeal building covering the period July 2010 to June 2015 without interruption, combined with the statutory declaration and supporting rent receipts, provided sufficient evidence on the balance of probability that the building had been used as a self-contained dwellinghouse for more than 4 years prior to the application.

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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.

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