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Planning appeal decision

Notice upheld6 July 20213233542

8 Marston Lane, Norwich, NR4 6LZ

Planning appeal 3233542 at 8 Marston Lane, Norwich, NR4 6LZ (Norwich City Council) was dismissed on 6 July 2021 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the erection of the fence constitutes a breach of planning control.

Erection of a fence of more than 1m in height adjacent to a highway

Authority
Norwich City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Freer P
Postcode
NR4 6LZ

Main issues, as the Inspector framed them

  • Whether the erection of the fence constitutes a breach of planning control
  • Whether the fence had gained immunity from enforcement action through the passage of time
  • Whether planning permission ought to be granted for the breach of planning control
  • Whether the period for compliance is reasonable

What decided it

The fence substantially erodes the openness of a prominent corner and unacceptably harms the character and appearance of the area, contrary to the development plan, with no material considerations of sufficient weight to justify permission.

The harm to character and appearance outweighed the appellant's concerns about privacy, security and pet safety, which could be addressed through alternative boundary treatment.

What the Inspector cited

Development plan policies
Policy DM3

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.