3 Hillside Road, Newton, Wirral, CH48 8BD

Authority: Wirral Metropolitan Borough Council
Appeal type: minor · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Whalley J

Main issues, as the Inspector framed them

Whether the excavation works and timber fence erected within the time limit of Condition 1 to planning permission APP/18/01026 constituted a material operation sufficient to lawfully implement the permission

What decided it

The excavation did not correspond to the approved plans and appeared to be a trial pit for ground investigation rather than a material operation forming part of the permitted scheme, and the fence was not part of the planning permission.

Judgments cited: East Dunbartonshire Council v Secretary of State for Scotland (1999); Riordan Communications Ltd v South Bucks District Council (2000)

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