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Planning appeal decision

Notice varied and upheld21 April 20263368024

2 Marlowe Road, Rotherham, S65 2JH

Planning appeal 3368024 at 2 Marlowe Road, Rotherham, S65 2JH (Rother District Council) was allowed in part (a split decision) on 21 April 2026 by Inspector Bartlett R, 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 or any injury to amenity caused by the breach.

without the required planning permission, the erection of fencing, posts and gates over 1m in height adjacent to the highway

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Bartlett R
Postcode
S65 2JH

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 or any injury to amenity caused by the breach

What decided it

An obvious alternative to total demolition exists in the form of reducing the fencing, posts and gates to one metre in height adjacent to the highway, which would remedy the breach of planning control while being less onerous than complete removal.

The decision letter

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More decisions in Rother District Council

The authority’s record since 2016 · every decision in 2026

  1. Allowed21 August 20263352368
    The Barn, Woodmans Rest, Bluemans Lane, Westfield, TN33 0SE
  2. Quashed On Legal Grounds13 July 20263351398
    Sowdens Gate Wood , Udimore Road , Udimore, East Sussex, TN31 6BG
  3. Notice varied and upheld13 July 20263350405
    Chestnut Wood, Udimore Road, Broad Oak, Rye, East Sussex, TN31 6EU
  4. Notice upheld24 June 20263353014
    Glebelands, Potmans Lane, Catsfield, East Sussex, TN33 9BH
  5. Notice varied and upheld22 June 20263351367
    Land at Bois De Saussac, Udimore Road , Udimore, Rye, Easy Sussex, TN31 6BG

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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