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Planning appeal decision

Dismissed2 September 20263373698

33 Dale Road, Luton, LU1 1LJ

Planning appeal 3373698 at 33 Dale Road, Luton, LU1 1LJ (Luton Borough Council) was dismissed on 2 September 2026 by Inspector Preston C, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the certificate of lawful use or development application was well-founded based on the facts of the case and any relevant judicial authority.

Appeal type
Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Preston C

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the certificate of lawful use or development application was well-founded based on the facts of the case and any relevant judicial authority
  • Whether the proposed use would amount to a material change of use from the present use of the property

What decided it

The appellant failed to establish the precise nature of the existing lawful use of the property, making it impossible for the Inspector to assess whether the proposed use would be materially different and therefore whether a certificate of lawful use could be granted.

What the Inspector cited

Judgments
North Devon judgment

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.