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Planning appeal decision

Notice varied and upheld4 September 20233312428

13 Olney Avenue, Manchester, M22 8AB

Planning appeal 3312428 at 13 Olney Avenue, Manchester, M22 8AB (Manchester City Council) was allowed in part (a split decision) on 4 September 2023 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged constitute a breach of planning control (ground c).

Erection of a part single, part two-storey rear extension and a part single, part two-storey side extension

Authority
Manchester City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Moore D
Postcode
M22 8AB

Main issues, as the Inspector framed them

  • Whether the matters alleged constitute a breach of planning control (ground c)
  • Whether planning permission should be granted for the extensions (ground a)
  • The effect of the development on the character and appearance of the host dwelling and the wider area, and the effect on the living conditions of neighbouring occupiers with regard to outlook
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach (ground f)
  • Whether the compliance period is reasonable (ground g)

What decided it

The 2020 planning permission was extant and capable of implementation because material operations had commenced within the statutory period, requiring the enforcement notice to be varied to allow alteration to comply with that permission rather than complete demolition.

What the Inspector cited

Development plan policies
Policy SP1Policy DM1saved Unitary Development Plan Policy DC1
Judgments
Pilkington v SSE [1973] 26 P&CR 508; Hussain v SSCLG [2017] EWHC 687 (Admin)

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 Manchester City Council

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

  1. Notice upheld12 June 20263368073
    133 Beech Road, Manchester, M21 9EQ
  2. Notice varied and upheld3 June 20263368799
    8 James Leach V C Road, Manchester, M40 7PW
  3. Notice varied and upheld23 March 20263354506
    140A Kirkmanshulme Lane, Manchester, M12 4TF
  4. Notice upheld27 February 20263372339
    393 Dickenson Road, Manchester, M13 0WG
  5. Notice upheld27 February 20263366978
    Aura Lounge, 72 Wilmslow Road, Manchester, M14 5AL

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.