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Dismissed21 August 20233311822

Land Adjacent to Maltby Court, Lees, Oldham, OL4 5EB

Planning appeal 3311822 at Land Adjacent to Maltby Court, Lees, Oldham, OL4 5EB (Oldham Metropolitan Borough Council) was dismissed on 21 August 2023 by Inspector Rafiq F, following a hearing. The main issue, as the Inspector framed it: whether the development accords with local policy and national guidance with regard to its effects on the locally designated 'Other Protected Open Land', with particular regard to the character and appearance of the area.

the construction of 40 residential properties with associated access, landscaping and ancillary works

Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Rafiq F
Postcode
OL4 5EB

Main issues, as the Inspector framed them

  • whether the development accords with local policy and national guidance with regard to its effects on the locally designated 'Other Protected Open Land', with particular regard to the character and appearance of the area
  • the effect of the proposed development on open space provision

What decided it

The significant and long-lasting harm to the character and appearance of the Other Protected Open Land and to open space provision was found to significantly and demonstrably outweigh the benefits of the scheme.

The substantial weight attributed to the harm to the OPOL's character and appearance and to open space provision significantly and demonstrably outweighed the significant weight given to housing delivery/affordable housing and the moderate weight given to biodiversity, landscaping/access, economic and social benefits.

What the Inspector cited

Development plan policies
Policy 22Policy 23Policy 20
National Planning Policy Framework
Paragraph 11Paragraph 48Paragraph 74Paragraph 120Paragraph 130Paragraph 174

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

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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.