®Planning appeal decision
Rigby Taylor House, Crown Lane, Horwich, Bolton, BL6 5HP
the Continued use for B2 use (retrospective) together with the creation of car parking, storage and loading areas, and installation of 3.1m high fence to eastern site boundary
- Authority
- Bolton Metropolitan Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- employment-industrial · Change of use
- Inspector
- Hitchcock R
Main issues, as the Inspector framed them
- The main issues are the effect of the B2 use on the living conditions of nearby residents, with particular regard to noise and disturbance, outlook and privacy, and the character and appearance of the locality.
What decided it
The significant adverse noise effects on residents' living conditions, combined with harm to the character and appearance of the locality from outdoor storage of frames, were not outweighed by the economic benefits of the business.
the commercial and economic benefits of the business, and the favourable findings on outlook and privacy, did not outweigh the significant adverse effects on residents' living conditions from noise and the harm to character and appearance, so the balance tipped against the development
Framework references: 56
Plan policies cited: Policy CG4, Policy JP-P1, Policy OA1.9
Judgments cited: Fairstate Ltd v FSoS & Westminster CC [2005] EWCA Civ 238; Fairstate v SoS [2004] EWHC 1807; Pioneer Aggregates (UK) Ltd v SSE [1984] 2 All ER 358; [1984] JPL 651; Hillside Parks Ltd v Snowdonia NPA [2020] EWCA Civ 1440
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.