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Quashed On Legal Grounds17 January 20223285087

Land at Holly Tree Cottage, 3 Lower Steet, Dyrham, SN14 8EU

Planning appeal 3285087 at Land at Holly Tree Cottage, 3 Lower Steet, Dyrham, SN14 8EU (South Gloucestershire Council) was decided (quashed on legal grounds) on 17 January 2022 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether the fence lies adjacent to the highway such that it exceeds the 1m height limit for means of enclosure under permitted development rights.

Without planning permission, the erection of a 1.87 metre fence marked blue in the approximate position on the attached plan and on the photograph marked Appendix A to this notice

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Curnow R
Postcode
SN14 8EU

Main issues, as the Inspector framed them

  • Whether the fence lies adjacent to the highway such that it exceeds the 1m height limit for means of enclosure under permitted development rights

What decided it

The fence, being set back 1.8m from the highway with intervening landscape features and retaining structures, does not lie adjacent to the highway and therefore benefits from the 2m height limit for permitted development rather than the 1m limit.

The decision letter

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More decisions in South Gloucestershire Council

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

  1. Dismissed13 October 20266011871
    49 Court Road, Kingswood, Bristol, BS15 9QG
  2. Planning permission granted4 September 20263378284
    Land Adjacent to Orchard Farm Cottage, Pomphrey Hill, Mangotsfield, Bristol, BS16 9NF
  3. Planning permission granted17 August 20263378286
    Land At Northwick Road, Pilning, Bristol, BS35 4LX
  4. Notice varied and upheld3 August 20263363959
    12 The Dower House Parnell Road, Stoke Gifford, BS16 1ZS
  5. Dismissed29 July 20266006817
    Wisteria View, Gloucester Road, Cold Ashton, SN14 8LB

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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