115-117 Oak Lane, BRADFORD, BD9 4QU

without planning permission, the installation of two extractor flues to the south facing (rear) elevation of the building on the land

Authority: City of Bradford Metropolitan District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Other minor developments
Inspector: Franks Z

Main issues, as the Inspector framed them

Whether at the date the notice was issued, enforcement action could be taken in respect of the alleged breach of planning control (ground d)
Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control (ground f)

What decided it

The appellant failed to prove on the balance of probabilities that both extractor flues had been in their current form for more than four years before the enforcement notice was issued, and therefore the four-year immunity from enforcement action did not apply.

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