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Planning appeal decision

Dismissed7 June 20213264907

89 Green Drive, Thornton-Cleveleys, FY5 1JE

Planning appeal 3264907 at 89 Green Drive, Thornton-Cleveleys, FY5 1JE (Wyre Borough Council) was dismissed on 7 June 2021 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether at the date the notice was issued, no enforcement action could be taken (ground d).

a 1.9 metre high fence

Authority
Wyre Borough Council
Appeal type
householder · Planning Appeal
Procedure
Written Representations
Development
other · Householder developments
Inspector
Phillips A
Postcode
FY5 1JE

Main issues, as the Inspector framed them

  • Whether at the date the notice was issued, no enforcement action could be taken (ground d)
  • Whether the steps required by the notice exceed what is necessary to achieve its purpose (ground f)
  • Whether the time given to comply with the requirements is too short (ground g)

What decided it

The appellant failed to provide sufficient evidence that the fence had been substantially completed more than four years before the enforcement notice was issued, thereby failing to establish immunity from enforcement action.

What the Inspector cited

Development plan policies
Policy CDMP3 of the Wyre Local Plan 2011-2031 February 2019Design Note 1 of Extending Your Home Supplementary Planning Document Adopted November 2007
Judgments
Gabbitas v SSE & Newham LBC [1985] JPL 630; Bath CC v SSE & Grosvenor Hotel (Bath) Ltd [1983] JPL 937

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.

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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.