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Latest appeal decisions

The most recent planning appeals, summarised by AI.

Planning appealEdinburgh

CLUD-230-2376

Pf1, Edinburgh, EH3 9JZ

The appeal decision letter pertains to a Certificate of Lawful Use and Development (CLUD) for the property located at PF1 10 Drumdryan Street, Edinburgh. The appeal was submitted by Ms. R Bodnarova but was deemed out of time by the Planning and Environmental Appeals Division (DPEA). The main issue addressed in the letter is the timeliness of the appeal submission. According to the Town and Country Planning (Appeals) (Scotland) Regulations 2013, appeals must be submitted within three months of the decision notice from the planning authority, in this case, the City of Edinburgh Council. The appeal was received on 17 August 2026, which exceeded the stipulated timeframe. The key argument presented by the DPEA is that they have no authority to accept late appeals, regardless of the circumstances surrounding the delay. The Reporter's reasoning is straightforward: adherence to procedural deadlines is critical in the planning process, and the DPEA is bound by regulations that do not allow for exceptions to this rule. As a result, the final decision is that the appeal is not accepted due to its late submission. The letter concludes with a note that a copy will be sent to the planning authority for their information, reinforcing the procedural transparency of the decision-making process.

Part Allowed

Appeal Part AllowedBURTON-ON-TRENT

APP/B3410/C/25/3376066

A Core Pole Fitness Centre, BURTON-ON-TRENT, DE14 1JE

The appeal decision concerns an enforcement notice issued by East Staffordshire Borough Council regarding the installation of a metal roller-shutter door at 171 High Street, Burton upon Trent. The notice, issued on 4 July 2025, required the removal of the door and restoration of the building to its prior condition within two months. The appeal was made by Mrs. Susan Bond under grounds (f) and (g) of the Town and Country Planning Act 1990. Ground (f) argued that the steps required by the notice exceeded what was necessary to remedy the breach. The Inspector concluded that the removal of the door and associated parts was essential to achieve compliance and that any lesser steps would not suffice, thus dismissing this ground. Ground (g) contended that the compliance period was too short. The Inspector found that two months was adequate for the removal and repair work, noting that the appellant had previously suggested delaying enforcement pending a planning application, which had not been submitted. The Inspector determined that there was no justification for extending the compliance period given the ongoing harm from the unauthorized installation. Ultimately, the appeal was dismissed, and the enforcement notice was upheld, with a minor correction made to the wording of the breach from "doors" to "door." The Inspector emphasized the necessity of compliance to remedy the breach of planning control.

Quashed

Appeal Quashedthe UK

APP/W2465/C/25/3375592

337 Narborough Road, LE3 2RD

The planning appeal decision concerns enforcement notices issued by Leicester City Council against Mr. Baljinder Singh and Mrs. Jagdeep Kaur for the unauthorized construction of a single-storey porch extension at 337 Narborough Road, Leicester. The enforcement notice, issued on October 9, 2025, required the demolition of the porch and removal of all related items within three months. The main issue on appeal was whether the requirements of the enforcement notice were excessive. The Inspector noted that the porch extension violated local heritage regulations due to its location within a designated area that restricts such developments. The appellants argued for a modification of the porch rather than complete removal, citing a lack of awareness regarding the heritage status at the time of construction. However, the Inspector found that the proposed modifications lacked detailed plans and would not adequately remedy the breach, as they would leave parts of the unauthorized structure intact. The Inspector emphasized that the enforcement notice's requirements were necessary to restore the site to its original condition and were not excessive or disproportionate. The appeals were ultimately dismissed, and the enforcement notice was upheld, reaffirming the necessity of compliance with planning regulations in heritage areas. The Inspector concluded that no acceptable alternatives to the notice's requirements had been presented, and the appellants were encouraged to explore potential modifications through a separate planning application process.

Part Allowed

Appeal Part Allowedthe UK

APP/W2465/C/25/3375206

88 Headland Road, LE5 6AD

The planning appeal decision letter concerns two appeals (APP/W2465/C/25/3375206 and APP/W2465/C/25/3375207) made by Mr. Kamran Khan and Mrs. Maria Nawaz against an enforcement notice issued by Leicester City Council regarding unauthorized building works at 88 Headland Road, Leicester. The enforcement notice, issued on 30 September 2025, alleged the construction of a single-storey front extension and canopy, as well as a rear garage extension without planning permission. The Inspector identified the main issues as the visual impact of the front works on the property and surrounding area, and the effect of the rear extension on the residential amenity of the adjacent property at no. 90. The Inspector found that the front cladding, made of stone-like tiles, was incongruous and detracted from the character of the area, which is predominantly brick-built. The front alterations were deemed dominant and harmful to the street scene. Regarding the rear extension, the Inspector concluded that it was visually intrusive and overbearing, negatively impacting the amenity of no. 90, particularly due to its height and proximity to the boundary. The appellants' claims of immunity from enforcement action based on the age of the rear extension were dismissed, as the evidence indicated significant enlargement within the relevant timeframe. Ultimately, the appeals were dismissed, the enforcement notice upheld with minor corrections, and planning permission was refused for the unauthorized works. No conditions were proposed to mitigate the identified harms.

Quashed

Appeal QuashedLEEDS

3376890

5A Fire Station Houses, LEEDS, LS9 6NL

The appeal decision letter concerns an enforcement notice (EN) issued by Leeds City Council against Mr. Juris Vilumsons for the alleged unauthorized erection of a dwellinghouse at 5A Fire Station Houses, Gipton. The EN required the demolition of the dwelling and the removal of debris, with compliance periods set at 9 and 10 months. The main issues revolved around the clarity and validity of the EN. The Inspector noted that the EN failed to specify how the constructed dwelling deviated from the planning permission granted in January 2023, which led to confusion regarding the alleged breach. The Council's reasoning cited visual amenity impacts and harm to neighboring properties but lacked precision in detailing how the dwelling was detrimental. Furthermore, the EN included references to boundary treatments that were not part of the alleged breach, adding to the ambiguity. The Inspector highlighted that the Council's subsequent clarifications introduced new reasons for the enforcement that were not included in the original EN, potentially causing injustice to the appellant. Additionally, the EN was deemed invalid as it was not served on the owner/occupier of the adjacent property, which could lead to legal complications. Ultimately, the Inspector quashed the EN, concluding that it did not provide sufficient clarity regarding the breach of planning control, compliance steps, or the land involved. As a result, the appeal on various grounds and the deemed application for planning permission were not considered.

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