4A Elmstead Road, POOLE, BH13 7EZ

‘retention of boundary treatment and sliding gate positioned on the front boundary of the site.’

Authority: Bournemouth, Christchurch and Poole
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Householder developments
Inspector: Hawkins S

Main issues, as the Inspector framed them

Whether the Council's refusal to grant a certificate of lawful use or development for the front boundary treatment and sliding gate was well-founded, turning on whether planning permission was granted by Article 3, Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)

What decided it

The available evidence demonstrates that the fence and gate are taller than the pre-existing front boundary treatment and constitute substantial replacement rather than maintenance or alteration, exceeding the limits of what is permitted by the GPDO.

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