®Planning appeal decision
Notice upheld5 September 20253351510
9 Meadow Dale, Chilton, FERRYHILL, DL17 0RW
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
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.
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.