75 Cemetery Road, HECKMONDWIKE, WF16 9EG

without the benefit of planning permission, the material change of use from a former ancillary car park to general storage and the erection of a fence adjacent to a highway

Authority: Kirklees Metropolitan Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Change of use
Inspector: Thompson F

Main issues, as the Inspector framed them

Whether the material change of use from ancillary car park to general storage has occurred and constitutes a breach of planning control
Whether the erection of a fence over 1m in height adjacent to a highway constitutes a breach of planning control
Whether the requirements of the enforcement notice exceed what is necessary to achieve its purpose

What decided it

The appellant failed to demonstrate that the general storage use had not occurred or that it did not constitute a breach of planning control, and the fence exceeds permitted development limitations by being over 1m in height and adjacent to a highway.

Read the decision letter on the Inspectorate’s site

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