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Notice varied and upheld19 March 20243316909

29 Furnace Parade, Tipton, DY4 9BB

Planning appeal 3316909 at 29 Furnace Parade, Tipton, DY4 9BB (Sandwell Metropolitan Borough Council) was allowed in part (a split decision) on 19 March 2024 by Inspector Dudley G, by written representations. The main issue, as the Inspector framed it: Whether the construction of fences and a gate constitutes a breach of planning control.

without planning permission, the construction of a fence and gate to the front of the land over 1 metre in height and the construction of a fence to the rear of the land over 2 metres in height

Authority
Sandwell Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Dudley G
Postcode
DY4 9BB

Main issues, as the Inspector framed them

  • Whether the construction of fences and a gate constitutes a breach of planning control
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach
  • The appropriate period for compliance with the enforcement notice

What decided it

The fences exceed the heights permitted under permitted development rights and therefore constitute a breach of planning control that must be remedied, but a reasonable compliance period of three months rather than four weeks is appropriate.

The decision letter

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More decisions in Sandwell Metropolitan Borough Council

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld16 September 20263371483
    48 Parsons Hill, Oldbury, B68 9BS
  2. Notice varied and upheld16 September 20263371468
    50 Parsons Hill, Oldbury, B68 9BS
  3. Notice upheld31 July 20263371094
    134 Franchise Street, Wednesbury, WS10 9RG
  4. Notice varied and upheld5 June 20263353994
    33 Bowstoke Road, Great Barr, Birmingham, B43 5DJ
  5. Planning permission granted22 March 20243326340
    902 Walsall Road, Great Barr, B42 1TG

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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