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Quashed On Legal Grounds4 July 20243336195

Lake Hill Walshaw Road, Bury, BL8 1PT

Planning appeal 3336195 at Lake Hill Walshaw Road, Bury, BL8 1PT (Bury Metropolitan Borough Council) was decided (quashed on legal grounds) on 4 July 2024 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is sufficiently clear and certain in its allegations and requirements to comply with section 173 of the Town and Country Planning Act 1990.

without planning permission, render has been applied to the front and eastern elevations of the brick dwellinghouse and new windows and patio doors have been installed to the front elevation of the building which are not of a similar appearance to those used in the construction of the existing dwellinghouse. This includes the removal of two traditional bay windows with slate roofs to the front ground floor elevation and the removal of overhanging stone slab cils support on brick corbels to the first floor windows

Authority
Bury Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Savage M
Postcode
BL8 1PT

Main issues, as the Inspector framed them

  • Whether the enforcement notice is sufficiently clear and certain in its allegations and requirements to comply with section 173 of the Town and Country Planning Act 1990

What decided it

The enforcement notice does not specify with sufficient clarity the steps required for compliance, and the defects cannot be corrected without causing injustice to the appellant.

The decision letter

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More decisions in Bury Metropolitan Borough Council

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

  1. Notice varied and upheld13 February 20263363343
    Ellisville, 1 Pitt Street, Radcliffe, Manchester, Greater Manchester, M26 3TF
  2. Notice varied and upheld12 September 20253348416
    21 Castle Hill Road, Jericho, Bury, Lancashire, BL9 7RN
  3. Notice varied and upheld4 June 20253355428
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  4. Notice varied and upheld29 May 20253361660
    3 Whalley Road, Ramsbottom, Bury , BL0 0DL
  5. Quashed On Legal Grounds11 July 20243324991
    Land at the East of Mill Street, Tottington, Bury, BL8 4BR

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.

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