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Planning appeal decision

Allowed9 February 20233306051

23 Rhodes Green, Middleton, MANCHESTER, M24 4SL

the demolition of existing dwelling and construction of replacement dwelling without complying with a condition attached to planning permission Ref 19/00256/FUL, dated 17 June 2019

Authority
Rochdale Metropolitan Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Wilkinson F

Main issues, as the Inspector framed them

  • Whether the condition restricting permitted development rights is reasonable and necessary with regard to the site's location within Protected Open Land and a Greenspace Corridor

What decided it

The condition failed to meet the NPPF tests of reasonableness and necessity because clear justification specific to the site had not been demonstrated, and the circumstances were not unique to warrant blanket removal of permitted development rights.

Framework references: 54, 56, 149

Plan policies cited: Policy G4, Policy G5, Policy G6, Policy D/10

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.