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Notice upheld11 July 20233313540

Bryning Fern Lane, Kirkham, Preston, PR4 2BQ

Planning appeal 3313540 at Bryning Fern Lane, Kirkham, Preston, PR4 2BQ (Fylde Borough Council) was dismissed on 11 July 2023 by Inspector McGlone A, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
PR4 2BQ

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.

The decision letter

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More decisions in Fylde

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

  1. Notice upheld11 July 20233313824
    Bryning Fern Nurseries, Bryning Fern Lane, Kirkham, Preston, PR4 2BQ
  2. Notice varied and upheld16 July 20213267033
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  3. Allowed1 October 20266012202
    Happy Hounds Hotel, Weatheroak, Farm Back Lane, Weeton, Preston, PR4 3HS
  4. Allowed10 July 20266009761
    Land North of Village Hall and West of Vicarage Lane, Newton With Clifton, Preston, PR4 3RU
  5. Dismissed6 July 20266005023
    The Meadows, Langtree Lane, Elswick, PR4 3YD

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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