Planning appeal decision
Hadley Cross House Haye Lane, Ombersley, DROITWICH, WR9 0EJ
the replacement of ‘dilapidated former post & rail boundary fence with hit and miss timber fencing and native species boundary planting (Part Retrospective)’. Appeal A:
- Authority
- Wychavon District Council
- Appeal type
- householder · Householder (HAS)
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Savage M
Main issues, as the Inspector framed them
- Appeal A (enforcement): whether the fencing is adjacent to a highway used by vehicular traffic and whether the requirements of the enforcement notice exceed what is necessary to remedy the breach
- Appeal B (LDC): whether the Council's refusal to grant a lawful development certificate is well-founded
- Appeal C (section 78): the effect of the development on the character and appearance of the area
What decided it
For Appeal A: the realistic fallback position of permitted development at 1m height made complete removal excessive. For Appeal B: the fencing exceeds 1m and is adjacent to the highway, failing to qualify as permitted development. For Appeal C: the fencing's substantial setback, design, materials, and consistency with local boundary treatments mean it does not harm character and appearance.
Plan policies cited: Policy SWDP21, Policy SWDP25, Policy TOAD6, Policy TOAD9
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.
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