2 Rectory Gardens, Wheatley, DONCASTER, DN1 2JU

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

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.

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