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Dismissed11 May 20233307271

Jahanara Bhavan, Brereton Heath Lane, Brereton Heath, Cheshire, CW12 4SZ

Planning appeal 3307271 at Jahanara Bhavan, Brereton Heath Lane, Brereton Heath, Cheshire, CW12 4SZ (Cheshire East) was dismissed on 11 May 2023 by Inspector Franks Z, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful development in relation to the proposed new front garden wall was well-founded.

new front garden wall

Authority
Cheshire East
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Franks Z
Postcode
CW12 4SZ

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful development in relation to the proposed new front garden wall was well-founded

What decided it

The new pillars at 2.19m height exceeded the height of the replaced railings at 1.92m and therefore breached Condition (c) of Schedule 2, Part 2, Class A of the GPDO, which prohibits development that would exceed the former height of the structure being replaced.

The decision letter

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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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