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Planning appeal decision

Notice upheld11 October 20233310396

Yew Tree Cottage, Shirehall Road, Hawley, Kent, DA2 7SE

Planning appeal 3310396 at Yew Tree Cottage, Shirehall Road, Hawley, Kent, DA2 7SE (Dartford Borough Council) was dismissed on 11 October 2023 by Inspector Peerless K, by written representations. The main issue, as the Inspector framed it: On ground (f): whether steps could overcome the breach of planning control or injury to amenity.

the erection/construction, adjacent to highways used by vehicular traffic, of close-boarded fencing (as supported by concrete posts and gravel boards), exceeding 1m (above ground level), marked x on the plan, being the boundaries of the land adjacent to Shirehall Road and Ash Road

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Peerless K
Postcode
DA2 7SE

Main issues, as the Inspector framed them

  • On ground (f): whether steps could overcome the breach of planning control or injury to amenity
  • On ground (g): whether the time for compliance is reasonable

What decided it

The approval of planning permission 22/01375/FUL for a modified fence design established that complete removal was excessive, justifying variation of the enforcement notice to permit implementation of the approved scheme as an alternative to demolition.

The decision letter

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More decisions in Dartford Borough Council

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

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  4. Notice varied and upheld6 May 20253351776
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  5. Notice varied and upheld6 May 20253351756
    Hawkspare Limited, Green Street Green Road, Dartford, DA2 8DP

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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