®Planning appeal decision
107 Argyle Street, Cambridge, CB1 3LS
without planning permission, the unauthorised erection of a boundary fence structure in excess of parameters of permitted development rights within The Town and Country Planning (General Permitted Development) (England) Order 2015 Schedule 2 Part 2 Class A (outlined in blue on attached plan for identification purposes only), along with the erection of a canopy made of recycled plastic to the side of the premises not in accordance with permitted development conditions laid out within The Town and Country Planning (General Permitted Development) (England) Order 2015 Schedule 2 Part 1 Class A (outlined in green on attached plan for identification purposes only) at the Land
- Authority
- Cambridge City Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Dyer S
Main issues, as the Inspector framed them
- the effect of the rear boundary fence and canopy on the character and appearance of the area
- the effect of the rear boundary fence and canopy on the living conditions of neighbouring occupiers with regard to outlook
What decided it
The fallback position inherent in the enforcement notice requirements, which would allow substantial retention of the fence at compliant height with only marginal reduction in harm, made refusal of the deemed planning application disproportionate.
The potential fallback position of a compliant fence (reducing harm only marginally) was weighed against the previous Inspector's findings of harm, leading to the conclusion that refusal would be disproportionate; the canopy was found to accord with development plan policies supporting well-designed places responsive to context.
Plan policies cited: Policy 55, Policy 56
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.