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Planning appeal decision

Notice varied and upheld18 July 20233305303

2a, 2b & 2c Lincoln Street, Leicester, LE2 0JT

Planning appeal 3305303 at 2a, 2b & 2c Lincoln Street, Leicester, LE2 0JT (Leicester City Council) was allowed in part (a split decision) on 18 July 2023 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether, on ground (d), at the date when the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control alleged in the notice.

Without planning permission the installation of UPVC windows at the Property which is in a conservation area

Authority
Leicester City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Willows P
Postcode
LE2 0JT

Main issues, as the Inspector framed them

  • Whether, on ground (d), at the date when the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control alleged in the notice

What decided it

The evidence of a complaint on 31 August 2018 when installation was being carried out, combined with the Council's site visit on 3 September 2018 showing the windows already installed, established that the windows were installed within the 4-year enforcement period, placing the burden on the appellant to prove otherwise, which he failed to do.

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More decisions in Leicester

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

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  3. Notice varied and upheld18 May 20263377355
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  4. Dismissed13 May 20263361800
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  5. Dismissed7 May 20263373950
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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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