||All England Reporter
|| All ER (D) 264 (Dec)
|| EWHC 3359 (Admin)
||Queen's Bench Division, Administrative Court
||The claimant appeared in person.
||Richard Kimblin (instructed by the Treasury Solicitor) for the Secretary of State.
||The authority did not appear and was not represented.
||8 December 2008
Town and country planning - Permission for development - Refusal - Claimant erecting fence in breach of planning condition - No appeal against notice but application for planning permission made in respect of fence - Local planning authority refusing application - Secretary of State's inspector deciding to uphold authority's decision - Whether inspector correct.
Town and country planning Permission for development. Queen's Bench Division, Administrative Court: The court dismissed an application whereby the claimant, a resident in an 'open plan housing estate', had sought to overturn a decision by the Secretary of State's inspector refusing him planning permission for a wrought iron fence which he had erected along part of the boundary dividing his property and that of his immediate neighbour. Much was made of the fact that the development was out of keeping with the open nature of the estate.
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