Bolton Council order over fence falls flat due to wrong wording

The council authorised the notice after the timber structure appeared without planning permission outside a property in Breightmet.

According to planning policy, a fence is not in need of planning permission if it is next to a highway and it is less than one metre in height, but this fence is next to Cheriton Drive and it is almost two metres in height.

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The Bolton Council order to remove or to reduce it should have been enough to resolve the issue but it asked for this fence to be reduced to "not less than 1m in height" instead of "not more than 1m in height".

The applicant, Tyler Entwistle, appealed and, this week, it was quashed by the Planning Inspectorate as it used the wrong wording.

It does not mean the planning permission is approved.

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The inspector said: "I have powers of correction subject to there being no injustice to either party. The council suggests the notice can be corrected without causing injustice to either party. "However it has not explained how it has come to this conclusion.

"Given the wording of the requirement a limited reduction in height would ensure compliance with the notice.

"Correcting the requirement, as suggested by the council, would make complying with the requirement more onerous since the appellant would need to remove a greater extent of panelling and posts. Deleting the requirement would also disadvantage the appellant since they would no longer have the option of retaining the fencing in some form.

"I do not consider the imprecision is such as it would render the notice a nullity. Nevertheless, in light of the above, I find the notice is invalid beyond correction and it should be quashed."

This article was written by Jack Tooth. To contact him, email jack.tooth@newsquest.co.uk or follow @JTRTooth on Twitter.