Land to rear of 125 Rutherford Drive, Bolton, BL5 1DW

change of use of land to private amenity/leisure area, boardwalk and erection of sheds/fencing ancillary to the enjoyment of the existing dwelling house

Authority: Bolton Metropolitan Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Braithwaite J

Main issues, as the Inspector framed them

Whether the change of use of the land is inappropriate development in the Green Belt and whether it harms the openness of the area and compromises the purposes of including land in the Green Belt
The effect of the timber buildings and the fence on the character and appearance of the area and on the historic significance of Hulton Park
If the use of the land is inappropriate development whether that harm, and any other harm, is clearly outweighed by other considerations such that very special circumstances exist

What decided it

The change of use of the land to domestic use is inappropriate development in the Green Belt that harms openness and conflicts with Green Belt purposes, and the fence causes significant adverse visual harm to the character and appearance of the area and the historic significance of Hulton Park, with no very special circumstances to justify the development.

Framework references: 138, 147, 150, 202

Plan policies cited: CG7AP, CG3, OA4

Read the decision letter on the Inspectorate’s site

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What an account adds

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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