Alteration of the existing dwelling by way of part demolition and using the volume to re-build a 1½ storey block at the rear. The front section to remain as an ancillary building
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Green Belt Policy
Character & Appearance
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 8 November 2016
by Siobhan Watson BA(Hons) MCD MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 10 November 2016
Appeal Ref: APP/N4205/D/16/3155468
692 Chorley Road, Westhoughton, Bolton, BL5 3NL
The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
The appeal is made by Mr Robert Fielding against the decision of Bolton Metropolitan
Borough Council.
The application Ref 96513/16, dated 10 May 2016, was refused by notice dated
21 July 2016.
The development proposed is the alteration of the existing dwelling by way of part
demolition and using the volume to re-build a 1½ storey block at the rear. The front
section to remain as an ancillary building.
Decision
1. The appeal is allowed and planning permission is granted for the alteration of
the existing dwelling by way of part demolition and using the volume to re-
build a 1½ storey block at the rear. The front section to remain as an ancillary
building at 692 Chorley Road, Westhoughton, Bolton, BL5 3NL in accordance
with the terms of the application, Ref 96513/16, dated 10 May 2016, subject to
the following conditions:
1) The development hereby permitted shall begin no later than 3 years from
the date of this decision.
2) The development hereby permitted shall be carried out in accordance
with the following approved plans: Location Plan; drawing numbers
CR/PL/XVI/001 (Proposed Plans and Elevations); Existing Elevations
(North, East and West) Existing Plans (Ground and First Floor)
3) Construction of the extension hereby permitted shall not commence until
the existing part of the house within the dotted line indicated in Drawing
No CR/PL/XVI/001 (Proposed Plans and Elevations) has been fully
demolished. None of it shall be retained or rebuilt and the area within
the dotted line shall be kept free of buildings thereafter.
4) The materials to be used in the construction of the external surfaces of
the extension hereby permitted shall match those used in the existing
building.
Procedural Matters
2. There has been dispute between the parties over the description and nature of
the development. To clarify matters, the proposal is for part of the existing
dwelling to be demolished and another part to be extended. This would result
in the original part of the dwelling being detached from the newer part. There
Appeal Decision APP/N4205/D/16/3155468
2
is no proposal for any change of use and therefore, both old and new would
remain as one residential unit.
Main Issues
3. The appeal site is within the Green Belt so the main issues are:
whether the proposal would be inappropriate development in the Green
Belt for the purposes of the development plan and the National Planning
Policy Framework (the Framework);
the effect upon the openness of the Green Belt;
the effect of the proposal upon bats; and
if the proposal is found to be inappropriate development, whether the
harm by reason of inappropriateness, and any other harm, is clearly
outweighed by other considerations so as to amount to the very special
circumstances required to justify the development.
Reasons
Whether or not the proposed development would represent inappropriate
development
4. Paragraph 89 of the Framework states that the construction of new buildings
should be regarded as inappropriate in the Green Belt, unless they fall within
various specific categories which include the extension of a building provided
that it does not result in disproportionate additions over and above the size of
the original building. Policy CG7AP of Bolton’s Allocations Plan, 2014 reflects
the Framework.
5. I appreciate that the dwelling has been previously extended and has a long
planning history. However, the relevant question is by how much the current
proposal would add to the original building. The appellants say that 550 cubic
metres of the dwelling would be demolished and that the extension would
measure 500 cubic metres resulting in a net decrease in volume. The Council
has provided no analysis by how much, if at all, the proposed extension would
enlarge the house and I have no reason to dispute the appellant’s figures.
6. Therefore, the proposed extension would not result in disproportionate
additions over and above that of the original building and the proposal would
not represent inappropriate development within the Green Belt. Consequently,
I find no conflict with the Framework or with Policy CG7AP of Bolton’s
Allocations Plan.
Openness
7. The proposal would result in two separate buildings, whereas, there is currently
one long building. Therefore, the resultant dwelling would be less compact
than the existing one. However, any building or extension would have some
effect upon openness but as I have found that the development is not
inappropriate, the effect upon openness is, by default, acceptable.
Bats
8. The Council has stated that the existing building may, “due to its location and
surroundings” have the potential to support roosting bats. However, this
information is vague. I have insufficient evidence, therefore, to suggest that
Appeal Decision APP/N4205/D/16/3155468
3
there is a reasonable likelihood of bats being present on the site.
Consequently, I find no conflict with Bolton Core Strategy Policy CG1which
seeks to safeguard biodiversity.
Conditions
9. I have considered the Council’s suggested conditions in accordance with the
Planning Practice Guidance. In addition to the standard implementation
condition it is necessary in the interests of precision, to define the plans with
which the scheme should accord. A condition concerning external materials is
required in the interests of the character and appearance of the area. A
condition is necessary to ensure that the demolition takes place in order to
protect the openness of the Green Belt.
Conclusion
10. For the above reasons, I allow the appeal subject to conditions.
Siobhan Watson
INSPECTOR
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