Planning appeal decision
184 - 186 Old Christchurch Road, BOURNEMOUTH, BH1 1NU
The installation of a flue fixed to the rear elevation wall extending from ground-floor level to roof level
- Authority
- Bournemouth, Christchurch and Poole
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Other minor developments
- Inspector
- Hocking P
Main issues, as the Inspector framed them
- Whether the enforcement notices were properly served on all persons with an interest in the land (ground e)
- Whether the alleged breaches of planning control have occurred as a matter of fact (ground b)
- Whether the steps required by the enforcement notices exceed what is necessary to remedy the breaches (ground f)
- Whether the time given to comply with the requirements of the enforcement notice is reasonable (ground g, Appeal A only)
What decided it
The appellant failed to discharge the burden of proof that the flue from ground-floor level to roof level and the single-storey rear extension at basement level had not been erected as matters of fact, as evidenced by Council imagery showing no flue in July 2019 and the appellant's own evidence that they installed the entirety of the flue as a single building operation.
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.
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