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Planning appeal decision

Notice upheld25 February 20223268602

Land North of 1 Melling Hall, Melling Road, Melling, Carnforth, Lancashire, LA6 2RA

Planning appeal 3268602 at Land North of 1 Melling Hall, Melling Road, Melling, Carnforth, Lancashire, LA6 2RA (Lancaster City Council) was dismissed on 25 February 2022 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the fence and gate constitute permitted development under the Town and Country Planning (General Permitted Development) (England) Order 2015, specifically whether they are adjacent to a highway used by vehicular traffic and whether they are within the curtilage of a listed building.

Erection of a fence and attached gate

Authority
Lancaster City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Freer P
Postcode
LA6 2RA

Main issues, as the Inspector framed them

  • Whether the fence and gate constitute permitted development under the Town and Country Planning (General Permitted Development) (England) Order 2015, specifically whether they are adjacent to a highway used by vehicular traffic and whether they are within the curtilage of a listed building
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The fence and gate are adjacent to a highway used by vehicular traffic and exceed the 1 metre height limitation for permitted development, requiring express planning permission which was not granted.

The decision letter

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More decisions in Lancaster City Council

The authority’s record since 2016 · every decision in 2022

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  3. Notice upheld29 May 20263329382
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  4. Planning permission granted23 April 20263369959
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  5. Quashed On Legal Grounds23 April 20263366959
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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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