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Planning appeal decision

Dismissed23 October 20253367078

Albion Mill Industrial Estate, Albion Street, Bury, BL8 2AD

follows: Albion Mill Convert the existing first, second and third floors which are currently retail space (Class E) into residential use (C3) 12 self-contained flats in total. Albion Mill Rear Convert existing ground floor and first floor into 3No. Self-contained flats in total. With a bin and bike store on the ground floor. Albion House Convert existing ground and first floor into 5No. Self Contained Flats. Conversion into 20 No. Self Contained Flats

Authority
Bury Metropolitan Borough Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Storey P

Main issues, as the Inspector framed them

  • whether the proposal would be permitted development having regard to the limitations set out in paragraph MA.1(1)(b) of Schedule 2, Part 3, Class MA of the GPDO
  • if it would be permitted development, whether prior approval should be granted having regard to the transport impacts of the development, and the impacts of noise from commercial premises on the intended occupiers of the development

What decided it

The use of the building did not satisfy the requirement in paragraph MA.1(1)(b) that it must have been in Class E use for a continuous period of at least two years, as the evidence did not establish with confidence that the car servicing use fell within Class E rather than Class B2.

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.