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Planning appeal decision

Quashed On Legal Grounds8 April 20223288221

472 Birmingham New Road, Dudley, WV14 9QF

Planning appeal 3288221 at 472 Birmingham New Road, Dudley, WV14 9QF (Dudley Metropolitan Borough Council) was decided (quashed on legal grounds) on 8 April 2022 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance.

Without planning permission and within the last four years the erection of a means of enclosure consisting of timber fencing and associated concrete gravel boards and posts adjacent to the highway and exceeding a height of 1m (as shown on the attached photographs)

Authority
Dudley Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Griffin E
Postcode
WV14 9QF

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance

What decided it

The enforcement notice lacked sufficient clarity as to the extent of the breach alleged and the requirements for compliance, making it invalid and unfair to the appellant.

The decision letter

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More decisions in Dudley

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

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  4. Notice varied and upheld23 October 20253350151
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  5. Quashed On Legal Grounds22 October 20253346799
    47 Catherine Road, Coseley, Bilston, West Midlands, WV14 9AD

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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