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

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

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.

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