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Planning appeal decision

Notice varied and upheld7 December 20213276119

158 Markland Hill Lane, BOLTON, BL1 5PB

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

Authority
Bolton Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Franks Z

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.

Plan policies cited: Policy CG4 of the Bolton Core Strategy

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.