Pines Cottage, 22 Pines Road, Bickley, BR1 2AA

Without the required planning permission, the erection of fencing and a gate along the boundary with Pines Road and Chislehurst Road

Authority: London Borough of Bromley
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Perkins L

Main issues, as the Inspector framed them

Whether the erection of railings and gates constitutes a breach of planning control, or whether the gates are permitted development under Schedule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015

What decided it

The gates, at 1.8 metres in height and set back only by a limited span of driveway, are adjacent to Pines Road (a highway used by vehicular traffic) as a matter of fact and degree, and therefore exceed the 1 metre height limitation imposed by Schedule 2, Part 2, Class A of the GPDO 2015, meaning they do not constitute permitted development.

Judgments cited: Simmonds v Secretary of State for the Environment and Rochdale MDC [1980]

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