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Notice varied and upheld14 November 20223289386

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

Planning appeal 3289386 at Land to Rear of 125 Rutherford Drive, Bolton, BL5 1DW (Bolton Metropolitan Borough Council) was allowed in part (a split decision) on 14 November 2022 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
BL5 1DW

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.

What the Inspector cited

Development plan policies
CG7APCG3OA4
National Planning Policy Framework
Paragraph 138Paragraph 147Paragraph 150Paragraph 202

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.

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The decision letter

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More decisions in Bolton

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

  1. decided29 October 20266006652
    137 Radcliffe Road, Bolton, Greater Manchester, Bolton, Greater Manchester, England, United Kingdom, BL2 1NU
  2. decided29 October 20266006651
    137 Radcliffe Road, Bolton, BL2 1NU
  3. Allowed13 October 20266011202
    6 Horrocks Hill Farm, Scout Road, Bolton, BL1 7NZ
  4. Notice varied and upheld28 January 20263368462
    Land at and to the Rear of 121 Radcliffe Road, Bolton, BL2 1NU
  5. Notice varied and upheld23 January 20263371482
    Land to the South of Sunnybank, Bridge Street, Prestolee, Bolton, M26 1HH

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.