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

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

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.

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