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Dismissed2 September 20213275963

Eskamara Pocket Nook Road, Lostock, Bolton, BL6 4HW

Planning appeal 3275963 at Eskamara Pocket Nook Road, Lostock, Bolton, BL6 4HW (Bolton Metropolitan Borough Council) was dismissed on 2 September 2021 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: whether the development would be permitted development for the purposes of the Order, having regard to the limitations listed in paragraph Q.1 of Class Q, with particular regard to the use of the site on or before the relevant date of 20 March 2013, and the necessary building operations for the building to function as 3 dwellings.

prior notification application, under class Q(b), for change of use of an agricultural building to 3no. dwellinghouses with associated building work and demolition of adjacent building

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hitchcock R
Postcode
BL6 4HW

Main issues, as the Inspector framed them

  • whether the development would be permitted development for the purposes of the Order, having regard to the limitations listed in paragraph Q.1 of Class Q, with particular regard to the use of the site on or before the relevant date of 20 March 2013, and the necessary building operations for the building to function as 3 dwellings
  • if the development falls within the scope of Class Q(b), whether or not prior approval would be required in relation to the matters of contamination risks on the site and the location or siting of the building with particular regard to noise and odour

What decided it

The extent of building operations required, which would result in the majority of the building being new-build rather than a genuine conversion, exceeded what is reasonably necessary under Class Q(b) of the GPDO 2015.

What the Inspector cited

Judgments
Hibbitt and another v Secretary of State for Communities and Local Government and Rushcliffe Borough Council [2016] EWHC 2853 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Bolton

The authority’s record since 2016 · every decision in 2021

  1. decided29 October 20266006652
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  2. decided29 October 20266006651
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  4. Dismissed16 October 20266003961
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  5. Allowed13 October 20266011202
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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