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Planning appeal decision

Notice upheld10 December 20213272805

19 Chiltern Avenue, Bushey, Hertfordshire, WD23 4PX

Planning appeal 3272805 at 19 Chiltern Avenue, Bushey, Hertfordshire, WD23 4PX (Hertsmere Borough Council) was dismissed on 10 December 2021 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was properly served (ground e).

without planning permission, the raising of rear garden ground levels by over one metre

Authority
Hertsmere Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Walker A
Postcode
WD23 4PX

Main issues, as the Inspector framed them

  • Whether the enforcement notice was properly served (ground e)
  • Whether the raising of rear garden ground levels by over one metre occurred as a matter of fact (ground b)
  • Whether the raising of rear garden ground levels constitutes a breach of planning control (ground c)

What decided it

The appellant failed to discharge the burden of proof on all three grounds of appeal, particularly by not providing substantive evidence (topographical reports, planning permission documents) to support her contentions.

The decision letter

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More decisions in Hertsmere

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

  1. Notice varied and upheld22 July 20263372752
    15 Oddesey Road, Borehamwood, WD6 5HZ
  2. Planning permission granted21 July 20263375026
    10 Ark Avenue, Borehamwood, WD6 1GH
  3. Planning permission granted21 July 20263365768
    6 Ark Avenue, Borehamwood, WD6 1GH
  4. Notice varied and upheld21 July 20263365178
    12 Ark Avenue, Borehamwood, WD6 1GH
  5. Planning permission granted21 July 20263365107
    2 Ark Avenue, Borehamwood, WD6 1GH

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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