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Planning appeal decision

Notice varied and upheld10 February 20233289850

21 Glen Court, Wolverhampton, WV3 9JW

Planning appeal 3289850 at 21 Glen Court, Wolverhampton, WV3 9JW (Wolverhampton City Council) was allowed in part (a split decision) on 10 February 2023 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the alleged material change of use of communal landscaped open space to private rear garden has occurred.

Without planning permission, the making of a material change of use of a communal landscaped open space and the erection of boundary treatments to enclose the land as private rear garden

Authority
Wolverhampton City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Merrett R
Postcode
WV3 9JW

Main issues, as the Inspector framed them

  • Whether the alleged material change of use of communal landscaped open space to private rear garden has occurred
  • Whether the erection of boundary treatments constitutes permitted development
  • Whether copies of the enforcement notice were served as required by law
  • Whether enforcement action was taken within the time limit

What decided it

The fencing erected adjacent to Compton Road West highway and exceeding 1 metre in height does not constitute permitted development under the GPDO.

The decision letter

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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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