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.
Section 02
Decision
The appeal is dismissed.
Section 03
Main Issue
The main issue is whether the proposal would preserve or enhance the character or appearance of the conservation area.
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