Land Lying to the North of Brooks Lane, Bognor Regis, West Sussex, PO22 8AS

Without planning permission and within the last ten (10) years the operational development by the erection or construction of fencing, gates, walls or other means of enclosure, adjacent to a highway (namely public footpaths 3799,3800,3801), that exceed 1m in height, on the Land

Authority: Arun District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Other minor developments
Inspector: Goldberg V

Main issues, as the Inspector framed them

Whether the matter alleged in the enforcement notice, if it has occurred, constitutes a breach of planning control, specifically whether the development benefits from permitted development rights under Schedule 2, Part 2, Class A of the GPDO

What decided it

The footpaths in question are not highways used by vehicular traffic, and therefore the limitation in Class A.1(a) of the GPDO does not apply, meaning the development benefits from permitted development rights and does not constitute a breach of planning control.

Judgments cited: Nicholson v Secretary of State (2005); Garland v Minister for Housing and Local Government (1981)

Read the decision letter on the Inspectorate’s site

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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