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

Planning appeal 3309252 at Land at 8A Firthfields, Garforth, Leeds, LS25 2HD (Leeds City Council) was decided (quashed on legal grounds) on 23 March 2023 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: 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.

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 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.