Unauthorised walls not part of permitted scheme

Friday, 03 February 2012, dcservices.co.uk

An enforcement notice requiring the removal of various walls constructed at a housing site in Devon was varied because the unauthorised works had been subsequently buried below a patio.

An inspector was satisfied, based on the evidence, that the foundations and blockwork walling did not form part of an approved landscaping scheme. Nor were they necessary for the construction of a patio and summerhouse. However, the works had been buried beneath an approved patio area. Although the council claimed that this was part of a plan to erect a building on the site the inspector decided that the requirement to remove the foundations and brickwork was excessive. The notice was varied to require the works to be covered with soil and hard landscaping in accordance with the approved landscape drawing.

Inspector Clive Kirkbride; Written representations

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