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Planning appeal decision

Notice upheld10 January 20233300372

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

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

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 main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.