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Planning appeal decision

Dismissed27 October 20253327975

29 Limbury Road, Luton, LU3 2PH

Planning appeal 3327975 at 29 Limbury Road, Luton, LU3 2PH (Luton Borough Council) was dismissed on 27 October 2025 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the proposed outbuilding would be for a purpose incidental to the enjoyment of the dwellinghouse under Class E of Part 1 of Schedule 2 of the GPDO.

Construction of detached outbuilding, reduction of ground level around building, construction of paths and retaining wall

Authority
Luton Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Braithwaite J
Postcode
LU3 2PH

Main issues, as the Inspector framed them

  • Whether the proposed outbuilding would be for a purpose incidental to the enjoyment of the dwellinghouse under Class E of Part 1 of Schedule 2 of the GPDO
  • Whether the proposed building would comply with the height limitation in paragraph E.1(e) of the GPDO
  • Whether the reduction of ground level would constitute permitted development under the GPDO

What decided it

The proposed building would exceed the 2.5 metre height limitation measured from the highest ground level immediately adjacent to the building, and the ground level reduction constitutes an unpermitted engineering operation.

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.

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