CASEBOOK: Appeal cases - Householder Development - Polytunnel felt to have limited impact in garden

Enforcement action taken against a large polytunnel in a south Wales domestic garden has been quashed on the basis that the structure had only a limited visual impact on its surroundings.

The structure, which covered an area of 90 sq m and was 3.2m high, lay at the bottom of the garden of a house that was the subject of enforcement action in respect of an alleged mixed use as a dwelling and a medical practice. The inspector felt that in view of the distance from dwellings, existing screening and visual association with other buildings in the adjoining garden, the polytunnel had limited visual impact.

He noted that no permitted development rights applied as the structure was slightly higher than the limit allowed by class 1, part E, schedule 2 of the General Permitted Development Order 1995. He also took into account the fact that the lawful status of the property as a dwellinghouse was disputed.

DCS No: 51061570; Inspector: Clive Nield; Written representations.

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