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Allowed14 January 20223278310

Land @ Station road/Harrop Green Lane,, Diggle, Oldham, Lancashire, OL3 5LJ

Planning appeal 3278310 at Land @ Station road/Harrop Green Lane,, Diggle, Oldham, Lancashire, OL3 5LJ (Oldham Metropolitan Borough Council) was allowed on 14 January 2022 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the appellant has demonstrated that the land was part of the railway undertaker's ownership prior to 1968 for the purposes of establishing its operational land status under section 263 of the Act and that it was used in the development of Diggle Station and its approach road.

operational land used in the development of Diggle Station and its approach road

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
utilities-energy · Change of use
Inspector
Phillips A
Postcode
OL3 5LJ

Main issues, as the Inspector framed them

  • Whether the appellant has demonstrated that the land was part of the railway undertaker's ownership prior to 1968 for the purposes of establishing its operational land status under section 263 of the Act and that it was used in the development of Diggle Station and its approach road

What decided it

The appellant demonstrated through historical deeds and plans that the land was acquired by the railway company before 1968, which under section 263 of the Act establishes it as operational land by virtue of acquisition.

The decision letter

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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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