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Dismissed19 August 20243332809

Outbuilding and Land to the Rear of, 180 Otley Road, Leeds, Yorkshire, LS16 5LH

Planning appeal 3332809 at Outbuilding and Land to the Rear of, 180 Otley Road, Leeds, Yorkshire, LS16 5LH (Leeds City Council) was dismissed on 19 August 2024 by Inspector Cullen F, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant the certificate of lawful use or development was well-founded, turning on whether the appellant has demonstrated on the balance of probabilities that the use of the Games Room as a dwelling (C3) commenced on or before 30 March 2019 and then continued without significant interruption for four years after the change.

Use of building as dwelling (C3)

Authority
Leeds City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Cullen F
Postcode
LS16 5LH

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant the certificate of lawful use or development was well-founded, turning on whether the appellant has demonstrated on the balance of probabilities that the use of the Games Room as a dwelling (C3) commenced on or before 30 March 2019 and then continued without significant interruption for four years after the change

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence that the Games Room possessed all facilities required for day-to-day domestic existence prior to 30 March 2019 and that its use as a dwelling continued without significant interruption for the required four-year period.

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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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