Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Quashed On Legal Grounds5 November 20213276461

Land Known As 39 Wilton Grove, Heywood, OL10 1AS

Planning appeal 3276461 at Land Known As 39 Wilton Grove, Heywood, OL10 1AS (Rochdale Metropolitan Borough Council) was decided (quashed on legal grounds) on 5 November 2021 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to issue an enforcement notice in 2020 in respect to development which it had investigated in 2019 and decided to take no further action on was unreasonable and thereby caused the appellant to incur unnecessary expense.

Installation of an amateur radio aerial attached to a lawful radio mast

Authority
Rochdale Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
telecoms · Householder developments
Inspector
Rogers B
Postcode
OL10 1AS

Main issues, as the Inspector framed them

  • Whether the Council's decision to issue an enforcement notice in 2020 in respect to development which it had investigated in 2019 and decided to take no further action on was unreasonable and thereby caused the appellant to incur unnecessary expense

What decided it

The Council's inconsistent communications, whilst unreasonable, did not cause the appellant to incur unnecessary expense because the appellant could have regularised the position retrospectively in 2019 but chose not to do so.

What the Inspector cited

Judgments
Guildford BC v SSCLG and Moffat [2009] EWHC 3531 (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.

See how each was applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

29 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Rochdale Metropolitan Borough Council

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

  1. Notice upheld22 March 20243329801
    Manchester Road, Rochdale, OL11 3AD
  2. Notice upheld4 September 20233316292
    29 Harbour Lane, Milnrow, OL16 4EL
  3. Notice varied and upheld9 May 20233297999
    415 Birch Road, Wardle, OL12 9LH
  4. Dismissed19 October 20266014994
    19 Town House Road, Littleborough, Rochdale, OL15 9BG
  5. Dismissed25 September 20266013635
    22 Hawthorn Road, Rochdale, OL11 5JQ

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.