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Notice upheld22 July 20243333595

41 Latham Lane, Gomersal, Cleckheaton, BD19 4AL

Planning appeal 3333595 at 41 Latham Lane, Gomersal, Cleckheaton, BD19 4AL (Kirklees Metropolitan Council) was dismissed on 22 July 2024 by Inspector Robbie G, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control (ground f).

without the benefit of planning permission, the erection of a fence and gate at the front and side boundaries of the property

Authority
Kirklees Metropolitan Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Robbie G
Postcode
BD19 4AL

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control (ground f)
  • Whether the compliance period of 60 days is reasonable (ground g)

What decided it

The fence's position and height create a highway safety concern by intruding into visibility splays from an adjacent vehicular access, making the 60-day compliance period reasonable and proportionate to the breach.

The decision letter

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More decisions in Kirklees

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

  1. Notice upheld16 July 20263300501
    31 Hare Park Avenue, Hightown, Liversedge, WF15 8DN
  2. Notice upheld25 June 20263368585
    86a Sheepridge, Huddersfield, HD2 1HG
  3. Notice upheld12 June 20263368547
    4 Rydal Grove, Roberttown, Liversedge, WF15 7DN
  4. Notice varied and upheld13 April 20263364924
    26 Crosland Edge, Meltham, Holmfirth, HD9 5RS
  5. Planning permission granted9 April 20263363455
    22 Hawes Avenue, Huddersfield, HD3 4DT

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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