25 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: Written Representations
Development: other · Change of use
Inspector: Merrett R

Main issues, as the Inspector framed them

Whether the alleged material change of use of communal landscaped open space to private rear garden occurred as a matter of fact and law
Whether the erection of boundary treatments constitutes permitted development under the GPDO
Whether the enforcement notice was properly served on all persons with a material interest in the land

What decided it

The fencing erected adjacent to Compton Road West highway and exceeding 1 metre in height does not benefit from permitted development rights under the GPDO, requiring its removal to remedy the breach of planning control.

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