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Planning appeal decision

Notice varied and upheld22 September 20253345278

105 Hyndburn Road, Accrington, BB5 4AA

Planning appeal 3345278 at 105 Hyndburn Road, Accrington, BB5 4AA (Hyndburn Borough Council) was allowed in part (a split decision) on 22 September 2025 by Inspector Berry A, 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.

Erection of boundary wall, fence and roller shutters to the side of the property facing Riding Barn Street

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Berry A
Postcode
BB5 4AA

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

What decided it

A wall not exceeding one metre in height adjacent to a highway could be erected under permitted development rights, making complete removal excessive when reduction to one metre represents a realistic and less onerous alternative.

The decision letter

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More decisions in Hyndburn

The authority’s record since 2016 · every decision in 2025

  1. Notice upheld26 June 20263357117
    Land at Wood Street, Church, Accrington, BB5 6PF
  2. Notice varied and upheld21 January 20263358244
    Land at Jaucourt Street , Accrington, BB5 1ST
  3. Notice varied and upheld22 September 20253346647
    18 Moorside Drive, Clayton Le Moors, Accrington, BB5 5XD
  4. Notice varied and upheld15 September 20253345498
    Land at Higher Rhoden, Oswaldtwistle, Lancashire, BB5 3QL
  5. Quashed On Legal Grounds3 January 20233237832
    The Land Situated at Smithacres, Back Lane, Baxenden, Accrington, Lancashire, BB5 2RE

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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