A condition on a planning permission says:
"Notwithstanding the provisions of Part 1 of Class A, B,C ,D,E,F and H and Part 2 Class A,B,C of Schedule 2 of the Town and Country Planning ( General permitted Development ) Order 1995, ( or any order revoking or re-enacting that Order) no development permitted by the said classes shall be carried out with out approval in writing by the Local Planning Authority".
So far so normal.
Council approve as part of that permission a 1.4metre high wall to highway boundary. Clearly proposed, clearly on drawings, drawings showing it referred to as approved in the decision.
Man begins to build wall. Council say you cant build it, its over 1 metre high next to highway and condition says no such development permitted and so cant be undertaken (see condition).
But the wall (for which you have granted permission) isnt permitted development Mr Officer is it? so the conition doesnt apply...
Cue enforcement officer going white and DC officer going red.
Come on guys.. we really need to get sharper.
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