®Planning appeal decision
Notice varied and upheld10 February 20233289922
23 Glen Court, WOLVERHAMPTON, WV3 9JW
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
- Hearing
- Development
- residential · Change of use
- Inspector
- Merrett R
Main issues, as the Inspector framed them
- Appeal A on ground (b) — whether the matters alleged to constitute the breach have occurred as a matter of fact
- The appeals on ground (c) — whether the matters alleged, if they occurred, constitute a breach of planning control (material change of use and operational development/permitted development status of the fencing)
- Appeals A, C and D on ground (d) — whether enforcement action was time-barred
- Appeals B and C on ground (e) — whether the notice was properly served
- The appeals on ground (f) — whether the steps required by the notice are excessive
- Appeal A on ground (g) — whether the time given to comply with the notice is too short
What decided it
Whether the fencing was 'adjacent' to a highway used by vehicular traffic determined whether it fell outside permitted development rights under the GPDO and therefore constituted a breach of planning control.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.