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Planning appeal decision

Notice varied and upheld20 February 20243316522

Hydes Herbal Clinic, 68 London Road, Leicester, LE2 0QD

Planning appeal 3316522 at Hydes Herbal Clinic, 68 London Road, Leicester, LE2 0QD (Leicester City Council) was allowed in part (a split decision) on 20 February 2024 by Inspector Jones L, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control.

A site visit carried out on 11th November 2021 found that without planning permission, the six wooden sliding sash windows compromising the two bay windows at the front of the property had been changed to uPVC casement windows. Planning permission is required to change the windows to the front of the property because they materially affect the external appearance of the building. There are no permitted development rights for commercial premises to alter windows. The replacement uPVC windows materially affect the external appearance of the building as the windows are a key part of the building’s design and character. Therefore, a breach of planning control - operational development - has been established

Authority
Leicester City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Jones L
Postcode
LE2 0QD

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The removal of the uPVC windows and reinstatement of wooden sliding sash windows is the minimum necessary step to remedy the breach of planning control that has occurred.

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More decisions in Leicester

The authority’s record since 2016 · every decision in 2024

  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
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  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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