Homeowner loses appeal against demolition order

The house that must be demolished on Burnstile Lane, PrestwichImage source, LDRS
Image caption,

Bury Council said the property had "breached planning controls"

  • Published

The owner of a newly built, four-bedroom detached house has been ordered to demolish the property because it was built taller and in a different position than it should have been, according to planners.

Bury Council approved planning permission for the home, which faces out on to Butterstile Lane in Prestwich, in 2018.

Enforcement action was started in 2023 after planners said there had been a "breach of planning control".

The homeowner's appeal was not successful, meaning the house must be demolished and removed, including all garden structures and retaining walls.

'Harms character'

All materials must be removed from the site to return it to its former state.

The council said the building was "detrimental in its siting, layout, lack of parking facility, external appearance and poor design".

An appeal against the enforcement notice, initially published in February 2023, was dismissed by the planning inspectorate on 29 April 2024, the Local Democracy Reporting Service said.

The appellant, Martin Gerard Wright, has until 29 October to demolish the house.

Bury Council claimed the building was closer to the street by approximately 145cm (4ft) and not in line with approved plans.

The notice said as a result the car parking area had a depth of 4,550 mm (14ft), not 6,000 mm (19 ft) as approved, and the space did not meet parking requirements.

The council concluded the building was an unauthorised development and breached planning control.

Image source, LDRS
Image caption,

The council says the building is detrimental in its siting, layout, lack of parking facility, external appearance and poor design

A current occupant of the house, believed to be rented out, did not want to comment.

A neighbour, who asked not to be named, said: “It’s such a shame that it got so far along before action was taken.

"The council issued bins to the property. Why would they do that if it wasn’t compliant?"

Planning Inspector Peter Willows ruled the house "differs from the permitted dwelling", adding it "harms the character and appearance of the area.”

Mr Willows said the demolition deadline was extended from 60 days to sixth months to allow the occupier an "appropriate period of time" to look for a new home.

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