Planning appeal decision
Quashed On Legal Grounds29 October 20243337264
La Mancha Lodge, 104 Renacres Lane, Halsall, Lancashire, L39 8SF
without planning permission, erection of concrete wall adjacent to the highway
- Authority
- West Lancashire District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Hartley D
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice have occurred (ground b)
- Whether the wall constitutes a breach of planning control, specifically whether it is adjacent to a highway used by vehicular traffic or a private drive, and whether it is permitted development under Class A of Part 2 of Schedule 2 of the GPDO (ground c)
What decided it
The wall is adjacent to a private drive rather than a highway used by vehicular traffic, and therefore qualifies as permitted development under Class A of Part 2 of Schedule 2 of the GPDO as it does not exceed 2 metres in height.
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.
®