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Planning appeal decision

Notice upheld10 January 20233300372

Land at 2 Regent Street, South Hiendley, S72 9AZ

Planning appeal 3300372 at Land at 2 Regent Street, South Hiendley, S72 9AZ (Wakefield Metropolitan District Council) was dismissed on 10 January 2023 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether, at the time the enforcement notice was issued, it was too late to take enforcement action under section 174(2)(d) of the Town and Country Planning Act 1990.

Without planning permission erection of a boundary fence and gate (shown as a blue dashed line on the attached plan) and a shed to the front (shown hatched black on the attached plan)

Authority
Wakefield Metropolitan District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Rogers B
Postcode
S72 9AZ

Main issues, as the Inspector framed them

  • Whether, at the time the enforcement notice was issued, it was too late to take enforcement action under section 174(2)(d) of the Town and Country Planning Act 1990

What decided it

The appellant's conflicting evidence and the photographic evidence showing the fence under construction after the relevant 4-year cut-off date meant the appellant failed to discharge the burden of proving the development was substantially completed more than 4 years before the enforcement notice was issued.

The decision letter

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

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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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