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Notice upheld18 September 20233314283

1 Fern Cottage, Three Cups, Heathfield, East Sussex, TN21 9PB

Planning appeal 3314283 at 1 Fern Cottage, Three Cups, Heathfield, East Sussex, TN21 9PB (Wealden District Council) was dismissed on 18 September 2023 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control.

Without planning permission, the erection of a close-boarded wooden fence and metal entrance gates in excess of 1 metre in height adjacent to the highway

Authority
Wealden District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hocking P

Main issues, as the Inspector framed them

  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The appellants failed to demonstrate that the enforcement notice requirements exceed what is necessary to remedy the breach of planning control, as they did not pursue a ground (a) appeal to establish planning merits.

The decision letter

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More decisions in Wealden District Council

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

  1. Notice varied and upheld28 September 20263356589
    Land An New House Farm, Buckham Hill, Isfield, East Sussex, TN22 5XU
  2. Quashed15 September 20266006632
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  3. decided15 September 20266006631
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  4. Notice upheld22 May 20263358235
    Wyck Stable, Wyck Lane, Woods Green, Wadhurst, East Sussex, TN5 6QS
  5. Notice varied and upheld29 April 20263327860
    The Dinglewood Brittenden Lane, Waldron, Heathfield, TN21 0RN

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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