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‘Without planning permission, the installation of metal railings

Authority: London Borough of Hackney
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Other minor developments
Inspector: Douglas L

Main issues, as the Inspector framed them

Whether the metal railings constitute a breach of planning control having regard to section 173(11) of the Town and Country Planning Act 1990
Whether the enforcement notice was properly served on all parties required by section 172 of the Act

What decided it

The first enforcement notice only required removal of metal railings from the flank elevation (French Place), which was complied with, and therefore section 173(11) of the Act treated planning permission as granted for the remaining railings on the front and corner elevations, rendering the second notice invalid.

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