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Planning appeal decision

Notice varied and upheld24 August 20213263653

39 Chynance, Portreath, Redruth, Cornwall, TR16 4NJ

Planning appeal 3263653 at 39 Chynance, Portreath, Redruth, Cornwall, TR16 4NJ (Cornwall Council) was allowed in part (a split decision) on 24 August 2021 by Inspector Symons G, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was served as required by section 172 of the Town and Country Planning Act 1990.

The unauthorised construction of a fenced raised platform area on the flat roof of an existing rear single storey extension to form a balcony at first floor level

Authority
Cornwall Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Symons G
Postcode
TR16 4NJ

Main issues, as the Inspector framed them

  • Whether the enforcement notice was served as required by section 172 of the Town and Country Planning Act 1990
  • Whether the matters stated in the enforcement notice have occurred
  • Whether the fence constitutes a breach of planning control
  • Whether the requirements of the enforcement notice are excessive
  • Whether the compliance period is unreasonably short

What decided it

The fence erected on the flat roof constitutes a building operation exceeding the 2m height limit for permitted development and therefore requires planning permission, which was not obtained.

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.

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