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Planning appeal decision

Notice varied and upheld9 May 20233297999

415 Birch Road, Wardle, OL12 9LH

Planning appeal 3297999 at 415 Birch Road, Wardle, OL12 9LH (Rochdale Metropolitan Borough Council) was allowed in part (a split decision) on 9 May 2023 by Inspector Cullen F, by written representations. The main issue, as the Inspector framed it: Whether the matters stated in the enforcement notice constitute a breach of planning control (ground c).

Conversion of existing dwelling to children's day care centre including alteration of fenestration, creation of outside play areas, installation of fencing and four parking spaces

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
community-institutional · Major retail and services
Inspector
Cullen F
Postcode
OL12 9LH

Main issues, as the Inspector framed them

  • Whether the matters stated in the enforcement notice constitute a breach of planning control (ground c)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control (ground f)

What decided it

The parking spaces as shown on the approved drawing were not provided and made available for use prior to the nursery commencing operation, evidenced by the fact that access works were carried out after the use had begun.

What the Inspector cited

Development plan policies
Policy DM1 of the adopted Rochdale Core Strategy

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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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.