Retention of climbing frame
Preferred Partner Involvement
The applicants in this case erected a climbing frame within their rear garden and following an objection raised by a local resident were contacted by the Local Authority who investigated a breach of planning control. As the climbing frame exceeded 4m in height planning permission was required for the building.
We submitted a householder application to retain the building, however prior to the determination of the application the Council served an enforcement notice by the Local Planning Authority. The notice required the removal of the building (play equipment) in its entirety and return the land to its former condition. We firmly believed that it was not expedient for the Council to issue the enforcement notice, especially as a compromise solution was proposed during the application that would address the Council’s concerns.
The subsequent Inspector allowed the appeal and quashed the enforcement notice. The Inspector considered that the majority of the play equipment was acceptable subject to a landscaping condition.