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Planning appeal decision

Notice varied and upheld9 August 20213270956

Land at Whitton Lodge, Wells Road, Ilkley, LS29 9JE

Planning appeal 3270956 at Land at Whitton Lodge, Wells Road, Ilkley, LS29 9JE (City of Bradford Metropolitan District Council) was allowed in part (a split decision) on 9 August 2021 by Inspector McEntee K, by written representations. The main issue, as the Inspector framed it: Whether the compliance period for the enforcement notice should be extended from one month to one year on the ground that it is unsafe to remove the unauthorised fence before approved renovation works to the property begin.

Without planning permission, the construction of a timber fence on top of the existing boundary wall on the north elevation which exceeds 1 metre in height adjacent to the highway as shown on the photographs annexed hereto

Authority
City of Bradford Metropolitan District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
McEntee K
Postcode
LS29 9JE

Main issues, as the Inspector framed them

  • Whether the compliance period for the enforcement notice should be extended from one month to one year on the ground that it is unsafe to remove the unauthorised fence before approved renovation works to the property begin

What decided it

The appellants failed to demonstrate good reason to extend the compliance period, particularly given their own statement that renovation works were imminent and the substantial time already elapsed since the enforcement notice was issued.

The harm caused by the unauthorised fence to the Ilkley Conservation Area outweighed the appellants' safety concerns and request for extended compliance time.

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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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