Windmill Health Centre, Mill Green View Swarcliffe, Leeds, LS14 5JS

a change of use from Commercial, Business and Service (Use Class E) to 11 No. 1-bed flats (Use Class C3)

Authority: Leeds City Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Change of use
Inspector: Cryan M

Main issues, as the Inspector framed them

Whether the proposal would be permitted development as provided for by Schedule 2, Part 20, Class A of the GPDO
If so, whether prior approval should be granted, having regard to the matters set out in Paragraph A.2 (1) of Part 20, Class A of the GPDO

What decided it

The proposal was dependent on external building works (windows and rooflights) that were not yet implemented and fell outside the scope of Class MA permitted development, which applies only to buildings in their existing state.

Judgments cited: New World Payphones Limited v Westminster City Council and the Secretary of State for Housing, Communities and Local Government [2019] EWCA Civ 2250

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