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Planning appeal decision

Notice upheld1 November 20233325495

59 Marsden Hall Road, Nelson, BB9 9PA

Planning appeal 3325495 at 59 Marsden Hall Road, Nelson, BB9 9PA (Pendle Borough Council) was dismissed on 1 November 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: The effect of the breach of planning control on the character and appearance of the area.

without planning permission and within the last 4 years, the erection of a fence to the side and rear of the land

Authority
Pendle Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hartley D
Postcode
BB9 9PA

Main issues, as the Inspector framed them

  • The effect of the breach of planning control on the character and appearance of the area

What decided it

The fence causes significant harm to the character and appearance of the area due to its height, position and extent in a prominent corner location, conflicting with policy ENV2 and NPPF chapter 12, and no conditions or design modifications would adequately mitigate this harm.

What the Inspector cited

Development plan policies
ENV2
National Planning Policy Framework
Paragraph 12

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 Pendle

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

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    Pine Garth Cottage , Coal Pit Lane, Colne, BB8 8NR
  2. Notice upheld16 April 20263358483
    Field 3226, At Junction With Reedymoor Lane, Whitemoor Road, Foulridge, BB8 7LX
  3. Planning permission granted3 March 20263368910
    Land to the East of Pendle House, Barley Lane, Barley, BB9 6LG
  4. Notice varied and upheld2 March 20263367890
    Land Adjacent Pasture Barn East, Pasture Lane, Barrowford, Nelson, Lancashire, BB9 6QX
  5. Notice upheld2 March 20263367056
    Land to the Rear of 19 Hawley Street, Winewall, Lancashire, BB8 8BY

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.