®Planning appeal decision
Rigby Taylor House, Crown Lane, Horwich, Bolton, BL6 5HP
Planning appeal 3342973 at Rigby Taylor House, Crown Lane, Horwich, Bolton, BL6 5HP (Bolton Metropolitan Borough Council) was dismissed on 3 January 2025 by Inspector Hitchcock R, following a hearing. The main issue, as the Inspector framed it: 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.
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
- Postcode
- BL6 5HP
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
What the Inspector cited
- Development plan policies
- Policy CG4Policy JP-P1Policy OA1.9
- National Planning Policy Framework
- Paragraph 56
- Judgments
- 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
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 appliedThe decision letter
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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.