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Planning appeal decision

Dismissed25 May 20223291235

Entrance to The Stables, Manor Drive, Upton, CH49 6JF

Planning appeal 3291235 at Entrance to The Stables, Manor Drive, Upton, CH49 6JF (Wirral Metropolitan Borough Council) was dismissed on 25 May 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the proposed gates would comprise permitted development under Article 3 and Schedule 2, Part 2, Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015, specifically whether The Stables is a highway for GPDO purposes and whether the 1 metre height restriction applies.

erection of driveway gate and pedestrian gate

Authority
Wirral Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Moore D
Postcode
CH49 6JF

Main issues, as the Inspector framed them

  • Whether the proposed gates would comprise permitted development under Article 3 and Schedule 2, Part 2, Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015, specifically whether The Stables is a highway for GPDO purposes and whether the 1 metre height restriction applies

What decided it

The Stables is a highway for GPDO purposes because it is the sole means of access to multiple properties and allows unhindered passage, and the proposed 2 metre gates exceed the 1 metre height restriction for structures adjacent to highways used by vehicular traffic.

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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