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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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.