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Planning appeal decision

Notice upheld25 October 20213273325

148 Potternewton Lane, Leeds, West Yorkshire, LS7 2EG

Planning appeal 3273325 at 148 Potternewton Lane, Leeds, West Yorkshire, LS7 2EG (Leeds City Council) was dismissed on 25 October 2021 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: The effect of the development on the living conditions of neighbouring occupants with regard to outlook.

without planning permission, the erection of a timber fence, kickboards and posts that exceed two metres in height, located on the side and rear boundaries of the property, which exceeds the height permitted under Class A, Part 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO)

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Moore D
Postcode
LS7 2EG

Main issues, as the Inspector framed them

  • The effect of the development on the living conditions of neighbouring occupants with regard to outlook

What decided it

The height and solid form of the fence results in an adverse effect on the outlook from neighbouring properties that cannot be justified by the appellant's security concerns, as the fence adjoins private gardens rather than public access areas.

The harm to neighbouring living conditions and outlook outweighed the appellant's security and privacy concerns, with a lower fence providing a proportionate and reasonable compromise.

What the Inspector cited

Development plan policies
Policy P10 of the Leeds Core Strategy (2014)Policy N25 of the Leeds Unitary Development Plan (Review 2006)Policy GP5 of the Leeds Unitary Development Plan (Review 2006)

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.

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