LEICESTER City Council has successfully defended a planning decision after an appeal by the developer.
The Planning Inspectorate has dismissed an appeal relating to a student block of flats at 2-4 Colton Street in the city centre, in a decision described by council officers as “a very good result”.
The developer – Millrock Limited – built a two-storey rooftop extension which did not match approved plans. The extension should have been constructed using a contrasting lightweight material to distinguish it from the main bulk of the building – but instead, a brick finish was used. The height of extension was increased and elevation proportions significantly altered; and the window design and materials used were white UPVC as opposed to the approved colour-coated aluminium.
The council’s view was that the total impact of these breaches resulted in a bulky and over-dominant addition to the building, causing significant harm to the character and appearance of the conservation area and the setting of neighbouring listed buildings. As a result, it served an enforcement notice ordering that the extension be demolished.
The developer appealed to the Planning Inspectorate and requested retrospective planning permission, but inspectors found that the extension was significantly different from what had originally been approved.
The enforcement notice requires the developer to demolish the extension, restore the building to its original form, and remove all associated materials from the site.
Although the compliance period has been extended from six to 12 months, the Inspectorate upheld the council’s decision in full and confirmed that the development should not remain. They said the extension “represents a poor addition which detracts significantly from the character” of the original building.
The Inspector also found that the extension harms the wider historic environment, including the St George’s Conservation Area within which the building sits, and the setting of a neighbouring Grade II-listed building at 29 Rutland Street.
Deputy city mayor Cllr Elly Cutkelvin said: “Enforcement action is a last resort and ideally developers should work with the planning department to agree changes to design.
“This is a very strong and important decision that supports our approach to planning enforcement.
“The Planning Inspector has clearly recognised that this development was not built in line with what was approved and that its design and appearance cause real harm to the building and surrounding conservation area.
“We take action where developers fail to deliver schemes as agreed. This case shows that we will robustly defend those decisions and ensure that Leicester’s built environment is protected.”
The appeal was made under the Town and Country Planning Act 1990 against an enforcement notice issued in December 2025, after the council identified that a materially different extension had been constructed from the approved scheme.
While the developer put forward an alternative design during the appeal process, the Inspector concluded that there was insufficient detail to consider it and that full demolition remained the appropriate remedy.
ENDS