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Planning appeal decision

Quashed On Legal Grounds30 October 20243333527

69A Bristol Road Lower, Weston-Super-Mare, BS23 2TW

Planning appeal 3333527 at 69A Bristol Road Lower, Weston-Super-Mare, BS23 2TW (North Somerset Council) was decided (quashed on legal grounds) on 30 October 2024 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the replacement of timber fence panels following storm damage constitutes a breach of planning control or lawful works of maintenance and repair.

Erection of a fence (replacement timber panels to existing fence following storm damage)

Authority
North Somerset Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Whalley J
Postcode
BS23 2TW

Main issues, as the Inspector framed them

  • Whether the replacement of timber fence panels following storm damage constitutes a breach of planning control or lawful works of maintenance and repair

What decided it

The replacement timber panels were fixed to existing original posts in the same position, suggesting the work constituted maintenance and repair rather than erection of a new fence.

The decision letter

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More decisions in North Somerset Council

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld16 April 20263373067
    8 Spring Valley, Weston Super Mare, BS22 9AS
  2. Notice upheld16 April 20263373066
    8 Spring Valley, Weston Super Mare, BS22 9AS
  3. Notice upheld16 April 20263373063
    7 Spring Valley, Weston-Super-Mare, North Somerset, BS22 9AS
  4. Notice upheld30 March 20263368012
    Scars Farm , Lye Hole Lane, Redhill, Bristol, BS40 5TB
  5. Notice upheld26 March 20263346026
    Queensmead Farm Bristol Road, Winscombe, BS25 1PW

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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