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Planning appeal decision

Notice varied and upheld7 December 20213276119

158 Markland Hill Lane, Bolton, BL1 5PB

Planning appeal 3276119 at 158 Markland Hill Lane, Bolton, BL1 5PB (Bolton Metropolitan Borough Council) was allowed in part (a split decision) on 7 December 2021 by Inspector Franks Z, by written representations. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the area.

the retrospective application for the erection of a raised patio and sun lounge at rear

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Franks Z
Postcode
BL1 5PB

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area
  • the effect of the development on the living conditions of neighbouring residents

What decided it

The material harm to the living conditions of neighbouring residents through unacceptable overlooking and loss of privacy, combined with harm to character and appearance, outweighs any other considerations and necessitates enforcement action.

The harm to neighbouring residential amenity and character and appearance of the area outweighed any benefits of the development; the enforcement notice was upheld with the compliance period extended from 90 days to 6 months to balance the appellant's need for time to deconstruct the structures against the ongoing harm to neighbours.

What the Inspector cited

Development plan policies
Policy CG4 of the Bolton Core Strategy

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.

See how each was applied

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
    137 Radcliffe Road, Bolton, Greater Manchester, Bolton, Greater Manchester, England, United Kingdom, BL2 1NU
  2. decided29 October 20266006651
    137 Radcliffe Road, Bolton, BL2 1NU
  3. Notice varied and upheld28 January 20263368462
    Land at and to the Rear of 121 Radcliffe Road, Bolton, BL2 1NU
  4. Notice varied and upheld23 January 20263371482
    Land to the South of Sunnybank, Bridge Street, Prestolee, Bolton, M26 1HH
  5. Dismissed12 November 20253369719
    Land Adj 472 Chorley Old Rd, Bolton, BL1 6AG

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.