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Notice upheld8 July 20223294110

5 Meadowgate Croft, Lofthouse, Wakefield, WF3 3SS

Planning appeal 3294110 at 5 Meadowgate Croft, Lofthouse, Wakefield, WF3 3SS (Leeds City Council) was dismissed on 8 July 2022 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: Whether the steps required to comply with the enforcement notice are excessive under section 174(2)(f) of the Town and Country Planning Act 1990.

Without planning permission, the erection of timber fence and support posts exceeding one metre in height, located adjacent to the highway used by vehicular traffic, which exceeds the height permitted under the Town and Country Planning (General Permitted Development (England) order 2015, Schedule 2, Part 2, Class A

Authority
Leeds City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Gray E
Postcode
WF3 3SS

Main issues, as the Inspector framed them

  • Whether the steps required to comply with the enforcement notice are excessive under section 174(2)(f) of the Town and Country Planning Act 1990

What decided it

The fence's location adjacent to a highway and its obstruction of visibility created a highway safety hazard that could not be remedied by reducing height alone, as planning permission would still be required under Article 3(6) of 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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