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Planning appeal decision

Notice upheld5 September 20253351510

9 Meadow Dale, Chilton, Ferryhill, DL17 0RW

Planning appeal 3351510 at 9 Meadow Dale, Chilton, Ferryhill, DL17 0RW (Durham County Council) was dismissed on 5 September 2025 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether a material change of use of the land from open space to residential garden and erection of a fence has occurred.

without planning permission, the material change of use of the Land from open space to residential garden and the erection of a 1.8m fence enclosure

Authority
Durham County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hartley D
Postcode
DL17 0RW

Main issues, as the Inspector framed them

  • Whether a material change of use of the land from open space to residential garden and erection of a fence has occurred
  • Whether at the date the notice was issued, enforcement action could be taken in respect of the alleged breach
  • Whether the steps required by the notice exceed what is necessary to remedy the breach
  • Whether the period specified in the notice for compliance is reasonable

What decided it

The appellants failed to provide sufficiently precise evidence that the fence had been in place for four years or the land used as a residential garden for ten years, thereby failing to establish immunity from enforcement action under section 171B of the Town and Country Planning Act 1990.

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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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