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Planning appeal decision

Notice upheld27 November 20233326113

18 Pollen Road, Broadheath, Altrincham, WA14 4HA

Planning appeal 3326113 at 18 Pollen Road, Broadheath, Altrincham, WA14 4HA (Trafford Metropolitan Borough Council) was dismissed on 27 November 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the fence was substantially completed on the site for more than four years so as to be immune from enforcement action as laid down by Section 171B(1) of the Town and Country Planning Act 1990.

without planning permission the alteration of fence to rear garden

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hartley D
Postcode
WA14 4HA

Main issues, as the Inspector framed them

  • Whether the fence was substantially completed on the site for more than four years so as to be immune from enforcement action as laid down by Section 171B(1) of the Town and Country Planning Act 1990

What decided it

The evidence, particularly the April 2020 complaint and September 2020 statement from the former owner, demonstrated on the balance of probability that the fence was substantially completed in 2020 rather than 2019, and therefore had not been immune from enforcement action for the required four-year period.

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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