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Appeal Decision

DCS Ref: 100-066-474

Written reps

Year of Decision: 2010

Inspector: E HITCHINGS


County: EDINBURGH

Summary of Decision: DISMISSED


Description:
Unauthorised satellite dish at first floor level wall above commercial premises adjacent Conservation Area. Ground (d) appeal failed as enforcement action can be taken even though all those on which notice served claim to have no responsibility for the dish.

Abstract:
A claim by the owner of a flat in Edinburgh that an enforcement notice requiring the removal of a satellite dish had no relevance to him was rejected by a reporter who ruled that the council could still take such action. The owner stated that he could not comply with the terms of the notice because he did not own the satellite dish. However, the reporter noted that over 20 copies of the notice had been served on a range of individuals and business premises within the building. The fact that the appellant claimed to have no control over whether the dish was removed did not prevent the council from seeking its removal, he ruled.


COMPASS Index Terms

Issue Codes
301 Site adjacent to conservation area - include views into/from here
 
Development Codes
551 Amateur radio aerials
 
Appeal Codes
03 sec.174 enforcement notice - Appeal against
 
Legal Codes
330 Enforcement notice - Its service
 
Proposal Codes
622 C3 - Housing
 
Site Codes
040 Town centre fringe only - Post August 06 cases