Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice upheld14 July 20233297649

Land of 2 Allfrey Road, Eastbourne, BN22 8TL

Planning appeal 3297649 at Land of 2 Allfrey Road, Eastbourne, BN22 8TL (Eastbourne Borough Council) was dismissed on 14 July 2023 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Whether, at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control under section 174(2)(d) of the Town and Country Planning Act 1990.

Unauthorised erection of boundary treatment to first floor flat roof to create roof terrace for amenity purposes

Authority
Eastbourne Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Douglas L
Postcode
BN22 8TL

Main issues, as the Inspector framed them

  • Whether, at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control under section 174(2)(d) of the Town and Country Planning Act 1990

What decided it

The fencing and trellis panels, which form an integral part of the roof terrace boundary treatment, were added between April 2018 and February 2022, substantially completing the breach less than four years before the enforcement notice was issued, so immunity under section 171B(1) was not established.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

86 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Eastbourne Borough Council

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

  1. Allowed2 July 20266005454
    Jordans, Jordans Lane West, Eastbourne, BN22 0LL
  2. Quashed On Legal Grounds20 April 20263333257
    27 Cavendish Place, Eastbourne, BN21 3JB
  3. Planning permission granted4 January 20243312250
    Flat 2, Park House, 1 Nevill Avenue, Eastbourne, BN22 9PR
  4. Notice upheld4 July 20233282592
    Land Rear of 25 Baldesmere Road , Eastbourne , East Sussex , BN22 8TL
  5. Notice upheld3 July 20233312990
    4 Northbourne Road, Eastbourne, BN22 8QT

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.