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Planning appeal decision

Notice varied and upheld25 May 20223288759

67 Chatsworth Fold, Ince, Wigan, WN3 4LT

Planning appeal 3288759 at 67 Chatsworth Fold, Ince, Wigan, WN3 4LT (Wigan Metropolitan Borough Council) was allowed in part (a split decision) on 25 May 2022 by Inspector Thompson F, by written representations. The main issue, as the Inspector framed it: Whether the matters stated in the enforcement notice have occurred as a matter of fact.

without planning permission, the erection of an unauthorised elevated outbuilding located on the Land. The outbuilding is in excess of 2.5 metres in height and the elevated floor level is in exc ess of 0.3 metres from ground level. The outbuilding does not therefore benefit from permitted development rights pursuant The Town and Country Planning (General Permitted Development) (England) Order 2015

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Thompson F
Postcode
WN3 4LT

Main issues, as the Inspector framed them

  • Whether the matters stated in the enforcement notice have occurred as a matter of fact
  • Whether those matters, if they occurred, constitute a breach of planning control

What decided it

The outbuilding exceeds 2.5 metres in height when measured from ground level and is within 2 metres of the curtilage boundary, therefore failing to comply with the conditions and limitations of Class E of the GPDO and constituting a breach of planning control.

The decision letter

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More decisions in Wigan

The authority’s record since 2016 · every decision in 2022

  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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