Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Allowed9 February 20233306051

23 Rhodes Green, Middleton, Manchester, M24 4SL

Planning appeal 3306051 at 23 Rhodes Green, Middleton, Manchester, M24 4SL (Rochdale Metropolitan Borough Council) was allowed on 9 February 2023 by Inspector Wilkinson F, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
M24 4SL

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.

What the Inspector cited

Development plan policies
Policy G4Policy G5Policy G6Policy D/10
National Planning Policy Framework
Paragraph 54Paragraph 56Paragraph 149

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

23 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Rochdale Metropolitan Borough Council

The authority’s record since 2016 · every decision in 2023

  1. Allowed30 July 20266005921
    Hollingworth Heights, Peanock Lane, Littleborough, OL15 0AD
  2. Dismissed13 April 20263374113
    Land By Ripponden Road, Delph, Littleborough, OL3 5UN
  3. Allowed11 September 20253358849
    Rainshore House Over Town Lane, Rochdale, OL12 7TQ
  4. Dismissed4 September 20253356528
    Summit View Cabin, Salley Street, Calderbank Road, Littleborough, OL15 9NG
  5. Allowed25 April 20253352998
    Branch Road Farm Branch Road, Littleborough, OL15 0AB

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.