®Planning appeal decision
Bryning Fern Nurseries, 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 Inspector found that reducing the fence height to 1m could be achieved within three months without dependency on other works, and that the compliance period was proportionate and reasonable despite the occupier's disability.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.