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Planning appeal decision

Quashed On Legal Grounds23 March 20233309252

Land at 8A Firthfields, Garforth, LEEDS, LS25 2HD

Without planning permission the unauthorised erection of a stone wall, posts and infill fence panels to front and side, with wooden gates exceeding one metre in height adjacent to the highway used by vehicular traffic

Authority
Leeds City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Merrett R
Postcode
LS25 2HD

Main issues, as the Inspector framed them

  • Whether at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control on the ground that the alleged development was substantially completed more than four years prior to the enforcement notice being issued

What decided it

The appellant proved on the balance of probability that the alleged development was substantially completed by August 2018, which is more than four years prior to the enforcement notice being issued on 20 September 2022, thereby rendering the development immune from enforcement action under section 171B(1) of the Town and Country Planning Act 1990.

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.