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Planning appeal decision

Quashed On Legal Grounds28 November 20233324753

156-158 Derby Street, Bolton, BL3 6JR

without planning permission, the installation of a flue as shown for identification purposes in the photograph attached to this notice

Authority
Bolton Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Major retail and services
Inspector
Savage M

Main issues, as the Inspector framed them

  • Whether the enforcement notice is valid and certain in its terms

What decided it

The enforcement notice was fatally ambiguous in failing to clearly identify which of two flues shown in the photographs constituted the breach and which must be removed, rendering it a nullity.

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.