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Hello everyone ,I have a question regarding Planning permissions .Last year I was granted planning permission for a 2000 MM brick built garden boundary wall that butts up to a public foot path and highway .My partner is going into hospital and about to have major surgery,with this in mind I erected a feather edge fence 1850 MM high .I have received a letter from the LPA saying that I haven’t built the wall in accordance to the planning permission and they want us to take it down and if we was to apply for retrospective planning it would not be granted ,that said our estate was built in 1985 and I have a copy of the approved plans where it clearly shows permission was granted for a fence on the opposite side of the road junction ,would this set a preference and a reason for me to challenge the LPA Your help in this matter would be much appreciated .

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You could apply for retrospective planning, then if they reject you, you could appeal. I can’t really see any reason why a brick wall is preferred by them and it’s possible the appeals officer would not be able to spot the rationale for the presence either.

 

 Are you in a conservation area?

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4 hours ago, mark coates said:

Three weeks ago and planning was passed for the wall 2 years ago 


Are there other examples of brick walls or feather edge fences in the immediate locality? Something from 1985 will not have much, if any weight. 

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You could argue that it was part of the original planning.  There is no time limit on planning once the development has commenced.  The approved plans show a timber fence, I assume 1.8m high (could not see in the plan you posted).

 

Tell them you have built in accordance with the stamped approved plan.

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2 hours ago, Mr Punter said:

You could argue that it was part of the original planning.  There is no time limit on planning once the development has commenced.  The approved plans show a timber fence, I assume 1.8m high (could not see in the plan you posted).

 

Tell them you have built in accordance with the stamped approved plan.

Once something else has been approved though, doesn’t that supersede  it?

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1 minute ago, Jilly said:

Once something else has been approved though, doesn’t that supersede  it?

 

Not if they did not implement it.  You can have many consents and choose which you prefer.

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