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Official casework recordDismissedCurrent release

Appeal 3330060

Public case and site metadata stored from the official casework database, including fields that were empty in the source release.

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Official decision document

The decision, section by section

4 sections

Read the development description and the Inspector’s text from the official decision PDF in source order. Source headings are retained where available. Personal and contact details are removed by an automated privacy filter; this is source material, not Rules for You analysis.

Section 01

Development description

a double garage.

  1. Section 02

    Decision

    The appeal is dismissed.

  2. Section 03

    Main Issue

    The main issue is whether the proposal would preserve or enhance the character or appearance of the conservation area.

  3. Section 04

    Reasons

    The proposal is for a detached garage within the garden of this large semi-detached property. The house lies within the St Marys Conservation Area which although focused on the church and extensive wooded parkland to the north, includes the large detached houses built along the edge of the woodland area along [address] and the houses to their south, including the appeal property at the junction of [address] and Prestwich Park Road South. This specific area is residential in character but includes many street trees and mature gardens that ensure that it is the greenery and foliage which contribute most significantly to the character of the area. The properties generally sit relatively comfortably within this landscaped setting. The area includes a number of distinctive period properties which add to the quality of the conservation area including the appeal property and its attached neighbour; and the matching pair of houses to the immediate south.

    It is evident that the appellant has considered the importance of this property to the wider conservation area. The proposed garage would be set back from the road and at a low level which would reduce its impact. Similarly, the high hedge to the side would ensure that it would not be visible when approaching from the west along [address] and would be screened to some extent when travelling from the east by the hedge and street trees. The developing www.planningportal.gov.uk/planninginspectorate Appeal Decision: APP/T4210/D/23/3330060 hedge along the Prestwich Park Road South frontage would also reduce its impact. The hipped roof would limit its scale and reflect, to some extent, the detailing of the house.

    This and the three similar properties to the south, have their main entrances to their side elevations. Although the spaces around these properties and their imposing and symmetrical frontages are particularly important to their appearance, their main entrance features are also of importance. Although each has a different arrangement and detail with regard to each front door, the entrance to each house is of considerable significance with regard to their character. The position of the proposed garage forward of the main entrance feature would detract from its character and reduce its significance. Access to the main entrance would be to the side of the garage diminishing its importance. Its position would also ensure that, despite its lower floor level, it would be viewed immediately alongside the frontage of the dwelling in views from Prestwich Park Road South.

    As this dwelling has less rear garden than its neighbours, I appreciate the desire to maintain as much as possible of the lawned area of the side garden. I appreciate also that the vehicular access to [address] has been closed. Situating the garage further back would increase the amount of surfaced area to the side of the property which would also not be positive. However, its currently proposed position, although not dominant as suggested by the council, would detract from the particular characteristics of this house and would ensure that it would also detract from views of it. It would result in harm to the character and appearance of this particular property and it would also fail to preserve or enhance the character and appearance of the conservation area.

    I am mindful that the Planning (Listed Buildings and Conservation Areas) Act 1990 imposes a duty requiring that special attention be paid to the desirability of preserving or enhancing the character or appearance of conservation areas. The National Planning Policy Framework is clear that any harm to a heritage asset, such as a conservation area, should be weighed against the public benefits of the proposal. In this case, the harm to the conservation area would be less than substantial. As the house currently has sufficient parking and turning space, whilst there are benefits to the provision of garaging, there are no public benefits that are sufficient to outweigh this harm. The proposal would also detract from the character and appearance of this property and the benefits of the proposal do not outweigh this separate harm. It therefore conflicts with the heritage objectives of the Framework.

    The proposal would conflict with policies EN1/1, EN2/1, EN2/2 and H2/3 of the Bury Unitary Development Plan 1997 as it would have a detrimental impact on views of this important building and harm its character; and it would not preserve or enhance the character or appearance of the conservation area. Although now of some age, the policies generally accord with both the design and heritage requirements of the Framework.

    Reference has been made to numerous existing garages and applications approved for garages. Although this proposal must be considered on its own merits, these examples are not directly comparable, particularly with regard to 2 Appeal Decision: APP/T4210/D/23/3330060 the relationship of the garage to the frontage of the property and the main entrance to the dwelling.

    In conclusion, although I have had regard to all the matters put forward, there are none that are sufficient to outweigh my concerns. I therefore dismiss the appeal.

Planning inspector and document dates

The official casework attribution is grouped under a one-way keyed hash and shown only by its local identifier. Decision-letter dates and page references are extracted by fixed first-page rules and checked against that authoritative record.

  • Appeal Decision

    Extracted inspector · page 1
    Inspector attribution ID 341No official casework-database value to compare
    Extracted decision date · page 1
    1 November 2023Matches the official casework database
    Extracted site visit dates
    24 October 2023 (page 1)

Reference and authority

Official identifiers and the planning authority recorded against this case.

Case reference
3330060
Application reference
69670
Lead case reference
Not recorded
Planning authority
Bury Metropolitan Borough Council
Planning authority code
E08000002

Casework details

The casework, procedure, development and linking details supplied by the official record.

Casework type
Householder (HAS)
Procedure
Written Representations
Development type
Householder developments
Appeal type reason
1. Refused planning permission
Appeal reason
Refusal
Type detail
Planning Appeals - Full
Jurisdiction
Transferred
Link status
Not Linked

Site and development

Published appeal-site measurements and planning designations, without the withheld precise location fields.

Site area
Not recorded
Floor space
Not recorded
Number of residences
0
Site in Green Belt
No
Agricultural holding
No
Affects setting of a listed building
Not recorded
Historic building grant made
Not recorded
Relates to a conservation area
Not recorded
Flooding is an issue
Not recorded
Site within an AONB
Not recorded
Site within an SSSI
Not recorded

Decision and dates

The published outcome and every imported case date.

Official decision
Dismissed
Decision category
Dismissed
Received date
24 September 2023
Valid date
24 September 2023
Start date
9 October 2023
Planning authority decision date
10 July 2023
Appeal decision date
1 November 2023

Case administration

Published recovery, call-in, costs and enforcement information for this case.

Redetermined
No
Bespoke
No
Date recovered
Not recorded
Date not recovered or derecovered
Not recorded
Call-in date
Not recorded
Costs applied for
Not recorded
Enforcement grounds count
Not recorded
Enforcement grounds
Not recorded

Source and catalogue history

When this record appeared in the rolling official release and when the catalogue stored it.

Source
Planning Inspectorate casework database
Source data system
Horizon
Dataset status
Current release
Catalogue record ID
41277
First seen
20 August 2026 at 14:24
Last seen
20 August 2026 at 16:27
Removed from release
Not recorded
Record created
20 August 2026 at 14:24
Record updated
24 August 2026 at 16:21