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Planning appeal decision

Notice upheld6 October 20233311550

7 Lynton Road, Hedge End, Eastleigh, Hampshire, SO30 4EY

Planning appeal 3311550 at 7 Lynton Road, Hedge End, Eastleigh, Hampshire, SO30 4EY (Eastleigh Borough Council) was dismissed on 6 October 2023 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the erection of the fence constitutes development requiring planning permission or falls within permitted development rights.

without planning permission, the erection of a fence in excess of 1 metre in height above ground level and adjacent to the highway. The approximate position of the fence is shown black on the attached plan

Authority
Eastleigh Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hand S
Postcode
SO30 4EY

Main issues, as the Inspector framed them

  • Whether the erection of the fence constitutes development requiring planning permission or falls within permitted development rights
  • Whether the fence is a replacement of an existing fence and therefore does not require planning permission
  • Whether the enforcement notice was issued outside the four-year time limit for enforcement action

What decided it

The erection of a new fence, even as a replacement, constitutes development requiring planning permission, and the fence exceeds the 1-metre height limit permitted by the General Permitted Development Order for fences adjacent to highways.

The decision letter

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More decisions in Eastleigh

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

  1. Allowed28 October 20266015767
    4 Barfoot Road, Hedge End, Southampton, SO30 2LL
  2. Notice varied and upheld7 October 20253329379
    58 Bright Wire Crescent, Eastleigh, SO50 5SQ
  3. Split Decision30 September 20253361911
    Broadway Farm Broad Oak, Botley, Southampton, SO30 2EU
  4. Dismissed7 May 20243331326
    Broadway Farm, Broad Oak, Botley, Southampton, SO30 2EU
  5. Split Decision19 May 20233231762
    Land to the East of Little Hatts Recreation Ground, Tickner Close, Botley, Southampton, SO30 2SW

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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