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Dismissed1 March 20233292675

Land Adjacent to Waitrose, Malmesbury By-Pass, Malmesbury, SN16 9FS

Planning appeal 3292675 at Land Adjacent to Waitrose, Malmesbury By-Pass, Malmesbury, SN16 9FS (Wiltshire Council) was dismissed on 1 March 2023 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the council's decision not to issue a certificate of lawful use or development was well-founded, turning on whether the proposal would be lawful at the date of application.

the construction of a 2m high gabion wall as an enclosure

Authority
Wiltshire Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hanson S
Postcode
SN16 9FS

Main issues, as the Inspector framed them

  • Whether the council's decision not to issue a certificate of lawful use or development was well-founded, turning on whether the proposal would be lawful at the date of application

What decided it

The construction of the gabion wall involves considerable engineering operations which go well beyond what might be considered as a minor operation, and therefore does not qualify as permitted development under the GPDO.

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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