Appeal Recovered — CLECKHEATON
APP/Z4718/C/26/3377669
Moorcroft, CLECKHEATON, BD19 6JT
The planning appeal decision letter concerns two appeals (Appeal A and Appeal B) made by Mrs. Susan Fox and Mr. Geoffrey Fox against an enforcement notice issued by Kirklees Metropolitan Council regarding the erection of a fence adjacent to Moorside Paddock without planning permission. The enforcement notice, issued on December 17, 2025, required the removal of the fence within 30 days. The main issues addressed in the appeals were whether the alleged breach of planning control occurred and whether the fence constituted permitted development under the Town and Country Planning (General Permitted Development) (England) Order 2015. The Inspector noted that the key argument revolved around the definition of "highway" and whether Moorside Paddock qualified as one. The appellants successfully demonstrated that the fence did not extend across the boundary of the adjacent property, and the Inspector concluded that Moorside Paddock does not meet the criteria of a public highway, instead being a private way. The Inspector's reasoning emphasized the interpretation of planning legislation, concluding that the ordinary legal definition of a highway applies, which excludes Moorside Paddock from being classified as such. Consequently, the fencing was deemed permitted development, resulting in the enforcement notice being quashed. In conclusion, the appeals were allowed, and the enforcement notice was annulled. The Inspector did not consider the appeals on grounds (f) and (g) as they were rendered unnecessary by the decision on ground (c). An application for costs was made by the appellants against the Council, which will be addressed separately.

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