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Planning appeal decision

Dismissed25 May 20223291235

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

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

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.