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Planning appeal decision

Quashed On Legal Grounds4 July 20233307934

22 Avoca Close, Leicester, LE5 4RA

Planning appeal 3307934 at 22 Avoca Close, Leicester, LE5 4RA (Leicester City Council) was decided (quashed on legal grounds) on 4 July 2023 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: the effect of the development on the living conditions of the occupants of the neighbouring residential property, 20 Avoca Close, with particular regard to outlook and daylight.

construction of two and single storey extension to the rear of the property

Authority
Leicester City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Walker A
Postcode
LE5 4RA

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of the occupants of the neighbouring residential property, 20 Avoca Close, with particular regard to outlook and daylight
  • whether there are material considerations sufficient to outweigh any conflict with the development plan and any other harm arising from the development

What decided it

The fallback position of a higher extension being constructed under permitted development rights, which would cause greater harm to neighbouring living conditions, was a material consideration that outweighed the conflict with the development plan.

What the Inspector cited

Development plan policies
Policy PS10
National Planning Policy Framework
Paragraph 130

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.