Planning enforcement action gets results after unauthorised work at property

Checks carried out by the council following a complaint from a member of the public found that the owner did not have planning permission for a 1.6-metre-high fence that had been put in place outside his home in the Rothwell area of the city.

After he then failed to comply with a statutory enforcement notice that required either the removal of the fence or a reduction in its height, the council took the decision to bring a prosecution.

When the case went before magistrates last month, the owner was given a 12-month conditional discharge and told to pay the council’s full legal costs – nearly £8,000 – after admitting non-compliance with an enforcement notice.

And today the prosecution was hailed as a “clear signal” of the council’s willingness to take appropriate action on planning matters to protect the character and appearance of communities across Leeds.

Under UK law, planning permission must be obtained for any fence, wall or gate that is over one metre in height and – as is the case with the property in Rothwell – next to a highway used by vehicles.

An initial application from the owner for permission for a boundary fence was refused by the council in April 2021.

A second application was made in February 2023, by which time the 1.6-metre-high fence had been built at the property.

This application – which was also refused by the council – sought permission to retain the fence, with some variations to its design.

Concerns about a detrimental impact on the character and appearance of the local area were cited as the reason for the refusals.

The decisions were upheld by the Planning Inspectorate in July 2021 and November 2023 respectively following appeals by the owner.

The complaint from the member of the public that led to the involvement of the council’s planning enforcement service, meanwhile, was received in January 2023.

The enforcement notice issued by the service in January 2024 – following the dismissal of the second appeal to the Planning Inspectorate – gave the owner two months to take corrective action, which he did not do.

Further checks by the council have confirmed that, since last month’s court hearing, work to reduce the height of the fence below one metre has now begun.

A spokesperson for Leeds City Council said:

“The council takes its duties as the planning authority for Leeds very seriously, with investigations into potential regulation breaches being conducted as quickly and efficiently as possible.

“We always seek to work constructively with property owners, but in situations where individuals fail to comply with statutory requirements then we will not hesitate to launch formal action.

“The case in Rothwell offers a clear signal of our willingness to use the full range of powers available to us to ensure that development activity and property alterations are carried out responsibly and lawfully.

“The outcome also highlights how the dedication and expertise of our planning enforcement officers helps protect both the local environment and the interests of people living in Leeds.”

Matters that can be investigated by the council’s planning enforcement service include developments without planning permission, developments that fail to comply with agreed permission, unauthorised changes of use and unauthorised work on buildings of special architectural or historic interest.

People with concerns about a possible breach of planning regulations can contact the council by e-mailing planning.enforcement@leeds.gov.uk. Further information about the authority’s enforcement work can be found here.

ENDS