2 The Nest, Abinger Road, Coldharbour, DORKING, Surrey, RH5 6HD

Without planning permission, the carrying out of an unauthorised development creating a retaining wall with external cladding

Authority: Mole Valley District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Hocking P

Main issues, as the Inspector framed them

Whether the alleged breach of planning control (unauthorised retaining wall with external cladding) has occurred as a matter of fact
Whether the requirements of the enforcement notice exceed what is necessary to remedy the injury to amenity
Whether the time given to comply with the enforcement notice is reasonable

What decided it

The requirements of the enforcement notice as originally drafted were excessive and imprecise in remedying the injury to amenity, and the compliance period was too short, but these defects could be cured by correction and variation of the notice.

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