33 Parker Drive, Leicester, LE4 0JP

a hot food takeaway

Authority: Leicester City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: retail · Minor retail and services
Inspector: Willows P

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to issue a certificate was well-founded, turning on whether the hot food takeaway use had taken place for a sufficient continuous period such that it was lawful on the day the application was made

What decided it

The appellant failed to provide sufficient evidence on the balance of probability that the hot food takeaway use had been in continuous operation for the full 10-year period required by section 171B(3) of the Town and Country Planning Act 1990.

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