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Dismissed1 August 20223292363

The Land And/Or Buildings Situated at: Southwood, Ling Lane, Scarcroft, Leeds, LS14 3HT

Planning appeal 3292363 at The Land And/Or Buildings Situated at: Southwood, Ling Lane, Scarcroft, Leeds, LS14 3HT (Leeds City Council) was dismissed on 1 August 2022 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded.

a) Boundary wall not more than 1m high on front boundary (previously constructed) b) Garden wall with gateway not more than 2m high set back approx. 9.5m from front boundary (foundations already installed)

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Gray E
Postcode
LS14 3HT

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded

What decided it

The proposed wall, despite being set back 9.5m, would be 'adjacent' to the highway as a matter of fact and degree and would therefore be subject to the 1m height restriction for enclosures adjacent to highways, which it exceeds.

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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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