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Planning appeal decision

Notice varied and upheld29 December 20213282305

Land at 138 Orrell Road, Orrell, Wigan, WN5 8HJ

Planning appeal 3282305 at Land at 138 Orrell Road, Orrell, Wigan, WN5 8HJ (Wigan Metropolitan Borough Council) was allowed in part (a split decision) on 29 December 2021 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control.

Without the benefit of the necessary retrospective planning approval, the erection of an unauthorised timber elevated platform to the rear of the existing dwelling

Authority
Wigan Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Griffin E
Postcode
WN5 8HJ

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control
  • Whether the time allowed for compliance with the enforcement notice is too short

What decided it

The compliance period of 28 days was too short to allow the appellants reasonable time to obtain removal quotes and potentially submit a planning application for a modified scheme, warranting an extension to 4 months.

The decision letter

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More decisions in Wigan

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

  1. Dismissed25 September 20266008026
    3 Kimberley Street, Wigan, WN6 7AJ
  2. Dismissed21 September 20266008977
    90 Park Road, Wigan, WN6 7AQ
  3. Notice upheld13 July 20263371901
    139 & 139A Elliott Street, Tyldesley, Manchester, M29 8FL
  4. Notice varied and upheld8 June 20263363330
    182 Slag Lane, Lowton, Warrington, WA3 2EZ
  5. Notice upheld27 March 20263367731
    Former St Mary's Church of England, 240 Warrington Road, Ince, Wigan, WN3 4NH

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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