# 73 Henton Road, Leicester

- **Decision:** dismissed, 4 September 2026
- **Decided by:** Planning Inspector: F Harrison (on recommendation of Appeal Planning Officer E Nutman)
- **Authority:** Leicester (East Midlands)
- **Appeal reference:** 6008277
- **Application reference:** 20260064
- **Procedure:** written-representations
- **Development:** Conversion of rear workshop to a self-contained flat with single-storey side extension
- **Homes:** 1
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** L2(1)(d)(ii)
- **Development plan policies:** Leicester Local Plan 2020-2036 (2026) DQP06, Residential SPD 2008 App G
- **Main issues:** living conditions of future occupiers (outlook, privacy)
- **Tags:** tier-2, living-conditions, appeal-planning-officer, transitional-no-consultation, small-scheme, l2-benefit-limited-weight

## Summary
Converting a rear workshop into a flat was dismissed for poor outlook and privacy for future occupiers. The letter expressly relies on L2's "acceptable living standards" limb (DL ¶9). The benefit of reusing an existing building for one home got only limited weight because of its scale (DL ¶11).

## What made the difference
Outlook onto a close fence and overlooking from the host house. The letter shows the L2(1)(d)(ii) living-standards qualification being used as a stand-alone reason for refusal. It also shows the L2(1) "substantial weight" to reuse not being applied to a one-unit scheme.

## Policy findings
- **L2(1)(d)(ii): fail.** "contrary to Framework Policy L2 that requires development to provide acceptable living standards for residents in terms of privacy" (DL 9); poor outlook to 1.8m fence and outrigger (DL 5-6)
- **L2(1)(b): benefit (limited weight).** code mapped by harvester — reuse of existing building in accessible location and +1 home "attract limited weight owing to the scale of the proposal" (DL 11); L2 substantial weight not applied

## Key facts
- Living-room windows face a 1.8m fence at close range and a two-storey outrigger (DL 5)
- Direct overlooking from No 73's first-floor rear window into the living room (DL 8)
- Newly adopted Leicester Local Plan 2026 applied (DL 3)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008277
- https://appeal-planning-decision.service.gov.uk/published-document/cda67793-888f-414a-96c1-e6438d94a1a4

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008277.html

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