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Planning appeal decision

Dismissed23 June 20213266080

7 Fordham Avenue, Stratford-Upon-Avon, CV37 6XD

Planning appeal 3266080 at 7 Fordham Avenue, Stratford-Upon-Avon, CV37 6XD (Stratford-on-Avon District Council) was dismissed on 23 June 2021 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: whether the Council's decision to refuse an LDC was well-founded, turning on whether the proposed development would constitute permitted development by virtue of Article 3(1) and Part 2, Class A of Schedule 2 of the GPDO 2015.

described as ‘erect a maximum 2m high garden fence

Authority
Stratford-on-Avon District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Savage M
Postcode
CV37 6XD

Main issues, as the Inspector framed them

  • whether the Council's decision to refuse an LDC was well-founded, turning on whether the proposed development would constitute permitted development by virtue of Article 3(1) and Part 2, Class A of Schedule 2 of the GPDO 2015

What decided it

The proposed fence would be adjacent to the highway as a matter of fact and degree, and therefore subject to the 1m height restriction in the GPDO, making the 2m height non-compliant with permitted development rights.

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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