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Planning appeal decision

Notice varied and upheld19 January 20223283542

11 Welland Drive, Cheltenham, GL52 3HA

Planning appeal 3283542 at 11 Welland Drive, Cheltenham, GL52 3HA (Cheltenham Borough Council) was allowed in part (a split decision) on 19 January 2022 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice are excessive.

without planning permission the erection of a timber fence in excess of 1 m, adjacent to a highway used by vehicular traffic

Authority
Cheltenham Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Not Applicable
Inspector
Hawkins S
Postcode
GL52 3HA

Main issues, as the Inspector framed them

  • Whether the requirements of the enforcement notice are excessive
  • Whether the time for complying with the requirements of the notice falls short of what should reasonably be allowed

What decided it

The compliance period in the notice as issued was unreasonably short as it ran from the date of issue rather than the date the notice takes effect, and eight months from the date of effect was a reasonable period that balanced remedying planning harm with allowing vegetation to mature and maintaining privacy for the property.

The decision letter

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More decisions in Cheltenham Borough Council

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld28 July 20263338516
    125, 127, 129, 131, 133 Promenade, Cheltenham, GL50 1NW
  2. Notice varied and upheld4 April 20243328819
    12 Pilford Road, Cheltenham, GL53 9AQ
  3. Notice varied and upheld9 November 20223297327
    3 Suffolk Road, Cheltenham, Gloucestershire, GL50 2AG
  4. Notice upheld26 January 20223284424
    Land at 156 Hesters Way Road, Cheltenham, Gloucestershire, GL51 0RY
  5. Notice varied and upheld19 January 20223283541
    11 Welland Drive, Cheltenham, GL52 3HA

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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