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Notice varied and upheld10 February 20233289936

25 Glen Court, Wolverhampton, WV3 9JW

Planning appeal 3289936 at 25 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 occurred as a matter of fact and law.

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 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.

The decision letter

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

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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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