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Planning appeal decision

Allowed4 March 20243320474

White Lodge Farm, Blackburn Road, Edgeworth, Bolton, BL7 0PU

Planning appeal 3320474 at White Lodge Farm, Blackburn Road, Edgeworth, Bolton, BL7 0PU (Blackburn with Darwen Borough Council) was allowed on 4 March 2024 by Inspector Walker A, following a hearing. The main issue, as the Inspector framed it: The main issue is whether the Council's decision to refuse to grant an LDC is well-founded.

the conversion of garage to garden room, construction of garage to side and driveway to serve new garage using existing access onto Blackburn Road

Authority
Blackburn with Darwen Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
residential · Householder developments
Inspector
Walker A
Postcode
BL7 0PU

Main issues, as the Inspector framed them

  • The main issue is whether the Council's decision to refuse to grant an LDC is well-founded.

What decided it

The land on which the proposed garage and driveway would be sited was found to fall within the curtilage of the dwellinghouse, making the development permitted development under Class A of the GPDO.

What the Inspector cited

Judgments
Burford v Secretary of State for Communities and Local Government & Anor [2017] EWHC 1493; Dyer v Dorset County Council [1988]; Hiley v Secretary of State for Levelling Up, Housing and Communities [2022] EWHC 1289 (Admin); R (Hampshire County Council) v Secretary of State for Environment, Food and Rural Affairs [2022] QB 103; Methuen-Campbell v Walters [1979] 1 QB 525

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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4 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
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More decisions in Blackburn with Darwen

The authority’s record since 2016 · every decision in 2024

  1. Allowed28 August 20266007521
    Bank Lane, Blackburn, BB1 2AP
  2. Dismissed22 July 20266006885
    12 Coniston Road, Blackburn, BB1 5NP
  3. Dismissed2 June 20263370590
    40 Hillcrest Road, Blackburn, Lancashire , BB2 5LF
  4. Dismissed10 April 20266004038
    Ramwells Barn, Edge Lane, Turton, Bolton, BL7 0NJ
  5. Split Decision1 April 20263369269
    1 Derby Street, Blackburn, BB1 5HR

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.