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Planning permission granted16 November 20223287244

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

Planning appeal 3287244 at Little Marklye, Marklye Lane, Heathfield, East Sussex, TN21 8QB (Wealden District Council) was allowed on 16 November 2022 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: 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.

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.

The decision letter

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

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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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