Bryning Fern Lane, Kirkham, Preston, PR4 2BQ

without planning permission, the erection of a means of enclosure comprising of a white metal railing fence measuring more than 1m in height adjacent to the highway enclosing the front garden along the eastern and southern boundaries of the land (means of enclosure)

Authority: Fylde Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Other minor developments
Inspector: McGlone A

Main issues, as the Inspector framed them

Whether the enforcement notice should be upheld, having regard to the occupier's disability and protected characteristics under the Equality Act 2010 and Human Rights Act 1998, and the proportionality and reasonableness of the compliance period

What decided it

The fence height could be reduced to the permitted 1m within three months without dependency on completion of other building works, and no proportionality concerns justified extending the compliance period.

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