®Planning appeal decision
All That Land Known As Former PF Skeet Yard, Talbot Road, Hawkhurst, Kent, TN18 4NB
without planning permission the unauthorised construction of a wooden and metal "retaining mechanism" on the Land adjacent to the boundary of the neighbouring property to the north-east known as The Hollies (A photograph showing the “retaining mechanism” is attached to this Notice)
- Authority
- Tunbridge Wells Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Madge M
Main issues, as the Inspector framed them
- Whether the wood and metal retaining structure has been erected as a matter of fact
- Whether the erection of the wood and metal retaining structure constitutes a breach of planning control
- Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control
- Whether the period for compliance with the notice is reasonable
What decided it
The expert evidence from structural engineers that removal of the retaining structure would be dangerous and destabilising, combined with the fact that backfilling to original ground level would adequately remedy the breach and conceal the structure, meant the removal requirement was excessive.
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.