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Dismissed24 August 20233312344

2 Rectory Gardens, Wheatley, Doncaster, DN1 2JU

Planning appeal 3312344 at 2 Rectory Gardens, Wheatley, Doncaster, DN1 2JU (Doncaster Metropolitan Borough Council) was dismissed on 24 August 2023 by Inspector Taylor K, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawful use or development was well founded, turning on whether the proposal would have been permitted development under the Town and Country Planning (General Permitted Development) (England) Order 2015.

for erection of a 2m boundary fence to the north east and north west boundaries

Authority
Doncaster Metropolitan Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Taylor K
Postcode
DN1 2JU

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawful use or development was well founded, turning on whether the proposal would have been permitted development under the Town and Country Planning (General Permitted Development) (England) Order 2015

What decided it

The appellant failed to demonstrate on the balance of probability that the proposed 2m fence would comply with the GPDO limitation that fences adjacent to highways must not exceed 1m in height, as the submitted plans lacked sufficient certainty regarding the fence's position relative to the highway.

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.

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