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Quashed On Legal Grounds23 May 20233296435

14 Oban Avenue, Hull, HU9 3NJ

Planning appeal 3296435 at 14 Oban Avenue, Hull, HU9 3NJ (Kingston-Upon-Hull City Council) was decided (quashed on legal grounds) on 23 May 2023 by Inspector Baxter C, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice complies with the statutory requirements of section 173(10) of the Town and Country Planning Act 1990 and Regulation 4 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002.

Erection of an outbuilding within 2m of a boundary exceeding permitted development height of 2.5m

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Baxter C
Postcode
HU9 3NJ

Main issues, as the Inspector framed them

  • Whether the enforcement notice complies with the statutory requirements of section 173(10) of the Town and Country Planning Act 1990 and Regulation 4 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002

What decided it

The enforcement notice failed to comply with statutory requirements by not specifying the reason why the LPA considered it expedient to issue the notice, rendering it a nullity.

The decision letter

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More decisions in Kingston-Upon-Hull City Council

The authority’s record since 2016 · every decision in 2023

  1. Notice upheld22 May 20263359233
    113 Spring Bank, Hull, HU3 1BH
  2. Notice upheld22 May 20263359093
    113 Spring Bank, Hull, HU3 1BH
  3. Notice upheld7 April 20263331217
    152-154 Hessle Road, & 104 Coltman Street, Kingston Upon Hull, East Yorkshire, HU3 3AD
  4. Notice varied and upheld26 February 20263349747
    52-54 New Bridge Road, Hull, HU9 2RE
  5. Dismissed13 January 20253334817
    13 Ryde Street, Hull, HU5 1PA

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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