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Planning appeal decision

Notice upheld5 February 20243327495

38 Commercial Road, Exeter, EX2 4AE

Planning appeal 3327495 at 38 Commercial Road, Exeter, EX2 4AE (Exeter City Council) was dismissed on 5 February 2024 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: Whether the material change of use of part of the ground floor from retail class E to use for parking vehicles and the installation of a roller shutter on the Commercial Road elevation constitute breaches of planning control.

without planning permission: 1. The unauthorised change of use of part of the ground floor (in the north-western area of the building) of 38 Commercial Road, fronting Commercial Road, from retail class E to use for parking vehicles. 2. Installation of roller shutter on Commercial Road elevation on north elevation of 38 Commercial Road, Exeter EX2 4AE

Authority
Exeter City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Howell M
Postcode
EX2 4AE

Main issues, as the Inspector framed them

  • Whether the material change of use of part of the ground floor from retail class E to use for parking vehicles and the installation of a roller shutter on the Commercial Road elevation constitute breaches of planning control

What decided it

The appellant failed to demonstrate on the balance of probability that planning permission had been granted for the installation of the roller shutter, as the specific details were never formally agreed despite being required to be agreed as a condition of the original permission.

The decision letter

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

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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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