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Notice varied and upheld6 April 20233281132

8 Hale Road, Necton, Swaffham, PE37 8EY

Planning appeal 3281132 at 8 Hale Road, Necton, Swaffham, PE37 8EY (Breckland Council) was allowed in part (a split decision) on 6 April 2023 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice has occurred (ground b).

Without planning permission the erection of a fence of more than two (2) metres in height between the points marked A and B on the attached plan and shown on the photograph attached

Authority
Breckland Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Douglas L
Postcode
PE37 8EY

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice has occurred (ground b)
  • Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c)

What decided it

The appellants failed to provide accurate measurements or evidence demonstrating that the extended fence does not exceed 2 metres in height from ground level, and therefore could not discharge their burden of proof under grounds (b) and (c) that no breach of planning control occurred.

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.

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