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Planning appeal decision

Notice varied and upheld13 June 20223294640

125 Scotland Road, Nelson, Lancashire, BB9 7RX

Planning appeal 3294640 at 125 Scotland Road, Nelson, Lancashire, BB9 7RX (Pendle Borough Council) was allowed in part (a split decision) on 13 June 2022 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: The effect on the character and appearance of the area.

the development of a terrace on the roof of a single storey rear extension along with a timber structure with a polycarbonate roof erected above and attached to the rear elevation

Authority
Pendle Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Phillips A
Postcode
BB9 7XR

Main issues, as the Inspector framed them

  • The effect on the character and appearance of the area
  • The effect on the living conditions of the occupants of neighbouring residential properties with particular reference to overlooking and loss of privacy

What decided it

The development is harmful to both the character and appearance of the area and the living conditions of neighbouring occupants through overlooking and loss of privacy, and constitutes an uncontrolled breach of planning control for which no permitted development rights apply.

What the Inspector cited

Development plan policies
Policy ENV2 of the Local Plan for Pendle Core Strategy 2011-2030

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.

See how each was applied

The decision letter

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More decisions in Pendle

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

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    Pine Garth Cottage , Coal Pit Lane, Colne, BB8 8NR
  2. Notice upheld16 April 20263358483
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  3. Planning permission granted3 March 20263368910
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  4. Notice varied and upheld2 March 20263367890
    Land Adjacent Pasture Barn East, Pasture Lane, Barrowford, Nelson, Lancashire, BB9 6QX
  5. Notice upheld2 March 20263367056
    Land to the Rear of 19 Hawley Street, Winewall, Lancashire, BB8 8BY

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.