®Planning appeal decision
Land south of Lindley Wood, Fenn Lanes, Nuneaton, CV10 0TU
the erection of palisade fencing
- Authority
- Hinckley and Bosworth Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Inquiry
- Development
- employment-industrial · Major general industry/storage/warehousing
- Inspector
- Walker A
Main issues, as the Inspector framed them
- The main issue is whether, if the Council had refused to grant a Certificate of Lawful Use or Development (LDC), that refusal would have been well-founded.
- The main issue is the effect of the fence on the character and appearance of the area.
What decided it
The existence of a realistic fallback position to erect a 2m fence under permitted development rights was decisive in dismissing the 2.4m fence proposal (Appeal B) and in requiring the enforcement notice to be varied rather than requiring total removal (Appeal C), while Appeal A turned on insufficiency of evidence of 10 years' continuous lawful storage use.
the harm to character and appearance from the 2.4m fence was not outweighed by the fallback position of a lesser, permitted 2m fence, so the balance favoured dismissal of Appeal B
Plan policies cited: Policy DM4, Policy DM10
Judgments cited: Jennings Motors Ltd v SSE & New Forest DC [1982] 2 WLR 131; [1982] JPL 181
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.