®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
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- other · Other minor 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 as a whole exceeds 1m and is adjacent to the highway, failing permitted development tests; for Appeal C, the fencing's substantial setback, design, materials and consistency with local character meant it did not harm the area's 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.