Removal of shed deemed unreasonable

A retrospective permission granted for a garden shed was given a permanent consent by an Inspector after it was ruled the LPA’s decision to attach a condition requiring its removal after 3 years was unreasonable. The shed was sited in a communal parking area serving 3 properties, but out of the public realm and on an area of land surplus to parking requirements. With it constructed of traditional materials (timber), low in height and small in scale, the Inspector reasoned the basis for the condition – in the interests of visual amenity – was not justified and contrary to national guidance on the use of conditions. A full award of costs was also granted.

Appeal ref. APP/W3710/W/16/3149304

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