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Planning appeal decision

Quashed On Legal Grounds16 November 20213278104

Land at 85 Lynwood Grove, ORPINGTON, BR6 0BQ

without planning permission the installation of a new front wall incorporating railings and gate, adjacent to a highway used by vehicular traffic, and extending to a maximum height of 1.64 metres above ground level. The requirements of the notice are to remove the unauthorised front wall incorporating railings and gate

Authority
London Borough of Bromley
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Thomas N

Main issues, as the Inspector framed them

  • Whether at the date the enforcement notice was issued, the development was immune from enforcement action on the ground that it was substantially completed more than four years prior to the notice being issued

What decided it

The appellant's evidence, unchallenged by the Council, demonstrated that the wall was substantially completed in September/October 2016 and the railings and gate by 30 March 2017, both more than four years before the enforcement notice was issued on 7 June 2021, conferring immunity from enforcement.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.