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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.

Split Decision

Appeal Split DecisionEdinburgh

ENA-230-2460

Flat 1F2, Edinburgh, EH10 4ER

The appeal decision from the Planning and Environmental Appeals Division concerns an enforcement notice issued by the City of Edinburgh Council against Annie Harper for the unauthorized use of a residential flat as a short-term let. The main issues addressed in the appeal were whether the use constituted a breach of planning control, whether the steps required by the notice were excessive, and whether the compliance period was reasonable. The Reporter concluded that the use of the property as a short-term let did indeed represent a material change of use, as it commenced after the establishment of the Edinburgh Short-term Let Control Area, thus constituting a breach of planning control. The appeal under ground (c) failed as the appellant could not demonstrate that the use was lawful. Similarly, the appeal under ground (f) was unsuccessful because the Reporter found that the cessation of the short-term letting was necessary to remedy the breach and its impact on local amenity. However, the appeal under ground (g) succeeded, as the Reporter acknowledged the appellant's concerns regarding the one-month compliance period. Considering the timing of the decision relative to the busy summer festival period and existing bookings, the Reporter varied the enforcement notice to extend the compliance period to two months. In conclusion, the enforcement notice was upheld, but the compliance timeframe was amended to two months, allowing for a fair balance between the appellant's interests and the concerns of local residents.

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/D1835/C/25/3376648

217 Newtown Road, WR5 1JB

The planning appeal decision concerns an enforcement notice issued by Worcester City Council against Ms. Clair Birch regarding the unauthorized erection of a two-storey outbuilding at 217 Newtown Road, Worcester. The notice, issued on 25 November 2025, requires the demolition of the outbuilding, removal of fencing, and disposal of debris, with a compliance period of six months. The appeal was made on grounds (f) and (g) of the Town and Country Planning Act 1990. Under ground (f), the appellant argued that the requirements of the notice were excessive and that the outbuilding could be regularized as ancillary accommodation. However, the Inspector noted that the previous appeal had already determined that the building's physical form adversely affected the character and appearance of the area, and merely restricting its use would not remedy the identified harm. Therefore, the Inspector concluded that the requirements of the notice were necessary to address the breach of planning control. Under ground (g), the appellant requested an extension of the compliance period from six months to eighteen months, citing the specific needs of her daughter currently residing in the outbuilding. The Inspector acknowledged these personal circumstances but emphasized that they did not change the planning merits of the case. The six-month period was deemed sufficient for compliance, with the option for the local authority to extend it if necessary. Ultimately, the appeal was dismissed, and the enforcement notice was upheld, requiring the appellant to comply with its terms within the specified timeframe.

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.

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