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Planning appeal decision

Quashed On Legal Grounds22 November 20233325018

2A Lenham Gardens, Bolton, BL2 6HN

Planning appeal 3325018 at 2A Lenham Gardens, Bolton, BL2 6HN (Bolton Metropolitan Borough Council) was decided (quashed on legal grounds) on 22 November 2023 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is valid and sufficiently clear in specifying the steps required for compliance.

without planning permission, the erection of fencing in excess on 1m in height adjacent to the highway

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Savage M
Postcode
BL2 6HN

Main issues, as the Inspector framed them

  • Whether the enforcement notice is valid and sufficiently clear in specifying the steps required for compliance

What decided it

The enforcement notice contains an internal contradiction between the alleged breach and the compliance requirement that cannot be corrected without causing injustice to the appellant, rendering it invalid.

The decision letter

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More decisions in Bolton

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

  1. decided29 October 20266006652
    137 Radcliffe Road, Bolton, Greater Manchester, Bolton, Greater Manchester, England, United Kingdom, BL2 1NU
  2. decided29 October 20266006651
    137 Radcliffe Road, Bolton, BL2 1NU
  3. Notice varied and upheld28 January 20263368462
    Land at and to the Rear of 121 Radcliffe Road, Bolton, BL2 1NU
  4. Notice varied and upheld23 January 20263371482
    Land to the South of Sunnybank, Bridge Street, Prestolee, Bolton, M26 1HH
  5. Dismissed12 November 20253369719
    Land Adj 472 Chorley Old Rd, Bolton, BL1 6AG

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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