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Split Decision14 September 20233316523

17 White Hart Fold, Ripponden, Sowerby Bridge, HX6 4JS

Planning appeal 3316523 at 17 White Hart Fold, Ripponden, Sowerby Bridge, HX6 4JS (Calderdale Metropolitan Borough Council) was allowed in part (a split decision) on 14 September 2023 by Inspector Watson S, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity.

Without planning permission, the erection of a timber fence over the height of 1 metre on the west and south boundary of the land adjacent to the estate access road which is a highway used by vehicular traffic (as seen in the digital photographs attached to this notice at Appendix 1)

Authority
Calderdale Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Watson S
Postcode
HX6 4JS

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity

What decided it

The fallback position that permitted development rights would allow a 1m fence to be erected following removal, making complete removal unnecessarily punitive rather than remedial.

The decision letter

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More decisions in Calderdale

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

  1. Notice upheld24 July 20263374587
    Barsey Farm, Barkisland, Halifax, HX4 0BG
  2. Notice upheld27 April 20263339844
    Back Lane, Hebden Bridge, Ripponden, HX7 7PF
  3. Dismissed3 March 20263358833
    14 Higgin Chamber, Boulderclough, Luddendenfoot, Halifax, HX2 6JS
  4. Notice upheld5 February 20263361274
    60 Moor End Road, Halifax, HX2 0JD
  5. Quashed On Legal Grounds29 January 20263361796
    Land North East of Lower Hartley Farm, Jumps Lane, Todmorden, OL14 8DG

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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