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Planning appeal decision

Notice upheld17 June 20213270092

Land at 43 Northfield Lane, Horbury, Wakefield, WF4 5HU

Planning appeal 3270092 at Land at 43 Northfield Lane, Horbury, Wakefield, WF4 5HU (Wakefield Metropolitan District Council) was dismissed on 17 June 2021 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether a boundary fence over 1 metre in height adjacent to the highway has been erected in breach of planning control.

a boundary fence which is over 1 metre in height adjacent to the highway

Authority
Wakefield Metropolitan District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
Householder developments
Inspector
Phillips A
Postcode
WF4 5HU

Main issues, as the Inspector framed them

  • Whether a boundary fence over 1 metre in height adjacent to the highway has been erected in breach of planning control
  • Whether the fence benefits from permitted development rights under the GPDO 2015
  • Whether the steps required by the enforcement notice exceed what is necessary to achieve its purpose

What decided it

The fence over 1 metre in height was constructed adjacent to the highway as part of the boundary treatment and does not benefit from permitted development rights under the GPDO 2015, constituting a breach of planning control that must be remedied by removal.

What the Inspector cited

Judgments
Simmonds v SSE and Rochdale MDC [1981]

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 applied

The decision letter

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The authority’s record since 2016 · every decision in 2021

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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.