Case 3315824

1A Roman Street, Leicester, LE3 0BD

Leicester City Council — appeal dismissed

Outcome
Dismissed
Decision date
8 February 2024
Authority
Leicester City Council
Inspector
Cooper P
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr H Singh
LPA reference
20212069
ONS LPA code
E06000016
Jurisdiction
Transferred
Link status
Not Linked
Start date
6 July 2023

Summary AI

The appeal for a retrospective change of use of a building was dismissed due to concerns about the living conditions for potential residents, including small room sizes and inadequate management plans. The proposal conflicted with local and national planning policies.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

1A Roman Street, Leicester, LE3 0BD — Leicester City Council — Appeal Decision Site visit made on 9 January 2024 by Paul Cooper MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 8 February 2024 Appeal Ref: APP/W2465/W/23/3315824 1a Roman Street, Leicester LE3 0BD • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Singh against the decision of Leicester City Council. • The application Ref 20212069, dated 5 August 2021, was refused by notice dated 3 January 2023 • The development proposed is retrospective change of use of ground floor from class B1 to shop/office (Class E); installation of shop front; change of use of first and second floor from office (Class B1) to office (Class E) and serviced accommodation (Class C1). Decision 1. The appeal is dismissed. Main Issues 2. The main issues in this appeal are the effect of the development on both the new occupiers of the residential elements of the proposal and the existing Roman Street residents in terms of living conditions. Reasons 3. The appeal building is a three-storey building, which I understand remained unused for some time.

Page 1 · Chunk 1 Appeal Decision

1A Roman Street, Leicester, LE3 0BD — Leicester City Council — Appeal Decision There is also some confusion with regard to the planning history as to how the existing allocations were arrived at. 4. The appeal building is located close to a retail area, and has other businesses adjacent, but with residential properties in close proximity. The area can be considered to be of mixed use. 5. The proposal sees a change to the ground floor to a shop/office with the first and second floors becoming office use and serviced accommodation from the former alone. 6. The Council has no policies that refer to room sizes, or other forms of spatial restriction, but from examining the plans as submitted, I have a number of concerns with regard to the residential aspects of the submission. 7. My initial concern relates to the sizing of the rooms in order to accommodate a number of potential users and/or residents. These rooms are very small for occupiers, and after sleeping units are installed, there would be little room for anything else. 8. Compounded with the bathroom element, of one bathroom for residents over two floors, creates a situation that is harmful to the living conditions and https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

1A Roman Street, Leicester, LE3 0BD — Leicester City Council — Appeal Decision Appeal Decision APP/W2465/W/23/3315824 general amenities of any residents or users that would occupy the accommodation. 9. My further concern relates to the nature of what has been termed “serviced accommodation”. No details have been provided as to how this is to be carried out and managed to the benefit of residents/users, which I would expect to include such basic details as refuse storage and collection details. 10. I have no precise information as to how the management of this is to take place, in terms of any presence on site, to deal with any anti-social issues and preventing harm to the general amenities of adjacent business or local residents. 11. Overall, the standard of accommodation in terms of the living conditions of occupiers, any perceived management and a strategy as to how the effect of local residents would be taken care are issues, that unresolved in the current form create conflict with policy PS10 of the City of Leicester Local Plan, and Paragraph 135 (f) of the National Planning Policy Framework, which together, seek to protect amenity for new and future users. Other Matters 12.

Page 2 · Chunk 3 Appeal Decision

1A Roman Street, Leicester, LE3 0BD — Leicester City Council — Appeal Decision The appellant has stated that this will lead to an increase in quality for the area, but I find that the harms generated by the appeal scheme would far outweigh any benefits that the scheme could bring. Conclusion 13. The proposal conflicts with the development plan as a whole, and there are no material considerations worthy of sufficient weight that would indicate a decision other than in accordance with it. The appeal should therefore be dismissed.

Page 2 · Chunk 4 Paul Cooper

1A Roman Street, Leicester, LE3 0BD — Leicester City Council — Paul Cooper INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶7

The rooms in the building are very small, with little space for occupants beyond sleeping units.

Living conditions
Against appellant
¶8

The lack of a bathroom for residents over two floors creates a harmful situation for living conditions and general amenities.

Living conditions
Against appellant
¶9

The management plan for the serviced accommodation is unclear, with no details provided on refuse storage and collection.

Living conditions
Against appellant
¶10

The management of the serviced accommodation may lead to anti-social issues and harm to general amenities.

Conditions
Against appellant
¶11

The standard of accommodation in terms of living conditions, management, and strategy for protecting local residents is unresolved and conflicts with policy PS10 of the City of Leicester Local Plan and Paragraph 135 (f) of the National Planning Policy Framework.

Policies relied on

Reference Weight
PS10 of the City of Leicester Local Plan
Determinative
Paragraph 135 (f) of the National Planning Policy Framework
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 8 February 2024 under the Open Government Licence.