®Planning appeal decision
The Old Cottage, Chapel Lane, Bransgore, BH23 8BN
Planning appeal 3268255 at The Old Cottage, Chapel Lane, Bransgore, BH23 8BN (New Forest District Council) was allowed in part (a split decision) on 4 June 2021 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice are excessive for its purpose under section 174(2)(f) of the Town and Country Planning Act 1990.
without planning permission, erection of a means of enclosure comprising a timber fence, posts and gate in excess of 1 metre high, adjacent to a highway, in the approximate position between points marked A-B on the attached plan
- Authority
- New Forest District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Hawkins S
- Postcode
- BH23 8BN
Main issues, as the Inspector framed them
- Whether the requirements of the enforcement notice are excessive for its purpose under section 174(2)(f) of the Town and Country Planning Act 1990
What decided it
The existence of a realistic fallback position—that a 1 metre high replacement fence could be erected as permitted development under the GPDO—meant that requiring total removal was excessive when height reduction would remedy the breach at less cost and disruption.
What the Inspector cited
- Judgments
- Garland v MHLG [1968] 20 P&CR 93
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.