Decision

Decision: To take no further action 
 
 

This decision is taken under delegated powers set out in Paragraph 145 of the Officer Scheme of Delegation in the Council’s constitution, which grants delegated authority to undertake all action in order to regulate any actual, perceived or potential breach of any

of the Town and Country Planning Legislation including:

To determine whether or not to take and/or to cease action whether because in

his/her opinion the breach is trivial, there is insufficient demonstrable harm and/or, it

is not expedient to take / continue to take action:

This authority has been delegated to me through the Local Scheme of Nomination for the Executive Director for Place.

Reasons for the decision

Reason(s) for Decisions: 

The venue is a residential semi – detached house. The alleged breach is a bordering timber fence dividing the rear gardens, erected above the Permitted Development height. The sole complaint is from the neighbouring premises.
 

After reviewing the photographs supplies by the complainant, it would appear that the breach in question relates to a single trellis addition to the height of the fence to which would ultimately take the fence approximately 200mm above Permitted Development regulations. The complainant voices concern for loss of light. However, the trellis is not solid by nature and allows light through. In fact, it is the hedge behind the trellis that would be possible of restricting light.

As such, this matter is perceived as trivial and not in the public interest to pursue enforcement action.

Alternative options considered

The alternative option would be to pursue formal enforcement action.

However, due to this matter being of low planning harm, it is not expedient to pursue formal action. This is in line with Government guidance which suggests that Local Planning Authorities should act proportionately in responding to suspected breaches of planning control.