- Decision
- allowed, 1 September 2026
- Decided by
- Planning Inspector: Ryan Cowley
- Authority
- Leeds (Yorkshire and the Humber)
- Appeal reference
- 6010787
- Application reference
- 25/06990/FU
- Procedure
- written representations
- Development
- Change of use of land to domestic garden and rear fencing alongside a public right of way
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- TR8
- Development plan policies
- Leeds Core Strategy P10, Leeds UDP GP5, LD1
- Main issues
- public right of way
Summary
Enclosing land behind three houses as garden, with fencing near a public right of way, was allowed. The path's free and unobstructed use was unaffected (DL ¶13).
What made the difference
The fencing did not narrow or obstruct the route. The inspector mapped TR8 to old paragraph 105 (DL ¶13).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| TR8 | pass | no harm to free and unobstructed use of the PROW; TR8 "formerly Paragraph 105" (DL 13) |
Key facts
- Not re-consulted: relevant parts "have not substantively changed" (DL 4)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.