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Planning appeal decision

Notice varied and upheld20 November 20253357132

38 Croft House Way, Morley, Leeds, LS27 8UB

Planning appeal 3357132 at 38 Croft House Way, Morley, Leeds, LS27 8UB (Leeds City Council) was allowed in part (a split decision) on 20 November 2025 by Inspector Ollerenshaw M, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control.

Without planning permission the erection of a timber panel fence with concrete posts that exceeds one metre in height, located adjacent to a highway used by vehicular traffic, which exceeds the height permitted under Class A, Part 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)

Authority
Leeds City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Ollerenshaw M
Postcode
LS27 8UB

Main issues, as the Inspector framed them

  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The existence of a realistic fallback position whereby the appellant could erect a compliant replacement fence made complete removal excessive and disproportionate to the remedial purpose of enforcement.

The decision letter

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

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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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