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Notice upheld24 July 20233317198

197 Sissons Road, Middleton, Leeds, LS10 4LP

Planning appeal 3317198 at 197 Sissons Road, Middleton, Leeds, LS10 4LP (Leeds City Council) was dismissed on 24 July 2023 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether, at the date the enforcement notice was issued, no enforcement action could be taken due to the passage of time (ground (d) appeal under section 174(2)(d) of the Town and Country Planning Act 1990).

without planning permission the erection of a boundary fence and gates exceeding one metre in height, located adjacent to a highway used by vehicular traffic

Authority
Leeds City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Madge M
Postcode
LS10 4LP

Main issues, as the Inspector framed them

  • Whether, at the date the enforcement notice was issued, no enforcement action could be taken due to the passage of time (ground (d) appeal under section 174(2)(d) of the Town and Country Planning Act 1990)

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence that the fence and gates were erected 4 or more years before the enforcement notice was issued, as Google Streetview images from August 2019 showed only a low fence with no gates.

The decision letter

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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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