Land at 85 Lynwood Grove, Orpington, BR6 0BQ

Planning appeal 3278104 at Land at 85 Lynwood Grove, Orpington, BR6 0BQ (London Borough of Bromley) was decided (quashed on legal grounds) on 16 November 2021 by Inspector Thomas N, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode: BR6 0BQ

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 decision letter

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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.