43 Overton Road, LEICESTER, LE5 0JB

without planning permission, the construction of a two storey detached building at the rear of the property and use of the property for vehicle sales

Authority: Leicester City Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Walker A

Main issues, as the Inspector framed them

Whether the alleged breach of planning control (construction of a two-storey detached building and material change of use to vehicle sales and residential) has occurred as a matter of fact
Whether at the time the enforcement notice was served, it was too late to take enforcement action against the alleged breach of planning control

What decided it

The appellant failed to discharge the burden of proof on both grounds: no credible evidence demonstrated the breach had not occurred, and no precise evidence proved the building was erected more than four years before the notice was served.

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