Land at 31 Rossan Avenue, Warsash, SOUTHAMPTON, SO31 9JQ

Without planning permission, the carrying out of engineering operations to change the land levels in the rear garden of 31 Rossan Avenue

Authority: Fareham Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Hocking P
Postcode: SO31 9JQ

Main issues, as the Inspector framed them

Whether there has been a breach of planning control by carrying out engineering operations to change land levels in the rear garden (ground c)
Whether the enforcement notice was issued too late (ground d)
Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach (ground f)

What decided it

The appellant failed to discharge the burden of proof on all three grounds of appeal, particularly in demonstrating that substantive engineering operations did not constitute development or that enforcement action was time-barred.

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