Little Marklye, Marklye Lane, HEATHFIELD, East Sussex, TN21 8QB

Without planning permission, the importation of materials to form an elevated bank (“the Bank”) and the erection on the elevated bank of a fence in excess of 2 metres in height from the original ground level (“the Fence”), in the approximate position shown coloured green on the plan attached to the notice

Authority: Wealden District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Walker A

Main issues, as the Inspector framed them

Whether an elevated bank has been created from imported materials upon which the fence has been erected so that its top is greater than 2 metres from the original ground level

What decided it

The Statutory Declaration of Mr Humphries as a Landscape Gardener, supported by photographic evidence comparing ground levels before and after the works, demonstrated on the balance of probabilities that no elevated bank had been created and the fence remained at the original ground level.

Read the decision letter on the Inspectorate’s site

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