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Notice varied and upheld10 February 20233289922

23 Glen Court, Wolverhampton, WV3 9JW

Planning appeal 3289922 at 23 Glen Court, Wolverhampton, WV3 9JW (Wolverhampton City Council) was allowed in part (a split decision) on 10 February 2023 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: Appeal A on ground (b) — whether the matters alleged to constitute the breach have occurred as a matter of fact.

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
Postcode
WV3 9JW

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 decision letter

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More decisions in Wolverhampton

The authority’s record since 2016 · every decision in 2023

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  4. Notice upheld6 February 20253325105
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  5. Quashed On Legal Grounds5 February 20253338067
    1 Timmis Close, Bilston, WV14 9XT

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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