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Planning appeal decision

Quashed On Legal Grounds22 November 20233325018

2A Lenham Gardens, Bolton, BL2 6HN

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

Authority
Bolton Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Savage M

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 main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.