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Planning appeal decision

Notice upheld5 July 20233314787

43 Overton Road, Leicester, LE5 0JB

Planning appeal 3314787 at 43 Overton Road, Leicester, LE5 0JB (Leicester City Council) was dismissed on 5 July 2023 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
LE5 0JB

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.

The decision letter

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More decisions in Leicester

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

  1. Notice upheld10 August 20263375592
    337 Narborough Road, Leicester, LE3 2RD
  2. Notice varied and upheld10 August 20263375206
    88 Headland Road, Leicester, LE5 6AD
  3. Notice varied and upheld18 May 20263377355
    2-4 Colton Street, Leicester, LE1 1QA
  4. Dismissed13 May 20263361800
    33 Parker Drive, Leicester, LE4 0JP
  5. Dismissed7 May 20263373950
    219 Clarendon Park Road, Leicester Sikh Centre, Land Adjacent to 92 Adderley Road, LE2 3AN

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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