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Planning appeal decision

Notice varied and upheld10 July 20233308491

5 Frankton Avenue, Haywards Heath, RH16 3QX

Planning appeal 3308491 at 5 Frankton Avenue, Haywards Heath, RH16 3QX (Mid Sussex District Council) was allowed in part (a split decision) on 10 July 2023 by Inspector Thomas N, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity.

failure to comply with a condition imposed on a planning permission ref U/183/76 granted on 3 August 1976

Authority
Mid Sussex District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Thomas N
Postcode
RH16 3QX

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity

What decided it

The appellants did not appeal on ground (a), precluding consideration of the planning merits of the fence or any reduced alternative, leaving removal in its entirety as the only means to remedy the breach of condition 11.

The decision letter

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More decisions in Mid Sussex

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

  1. Notice varied and upheld6 July 20263376721
    Land Fir Trees Place, Turners Hill Road, Crawley Down, West Sussex, RH10 4HQ
  2. Dismissed30 March 20266002280
    Floran Farm, Hophurst Hill, Crawley Down, West Sussex, RH10 4LP
  3. Planning permission granted7 May 20253312194
    Land at Upper Sparks Farm , Staplefield Road , Cuckfield, West Sussex , RH17 5HY
  4. Quashed On Legal Grounds31 March 20253336931
    1 The Platt, Lindfield, RH16 2SY
  5. Notice varied and upheld31 March 20253319435
    Land East of Dan Tree Farm, London Road, Bolney, West Sussex, RH17 5QF

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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