An Egerton family in danger of having to demolish decking due to a lack of permission are allowed it after all following an appeal to the Planning Inspectorate.
David and Elaine Grimshaw applied for planning permission for the structure last summer around six months after its construction at a cost of £6,000.
Mr and Mrs Grimshaw, of Torra Barn Close, told Bolton Council the lack of permission was a result of their contractor not warning them it was a requirement. It was Bolton Council which was responsible for warning them it was requirement after a complaint.
On October 12 of last year the application for planning permission was thrown out on the basis of overlooking other properties on Cox Green Road and Whittle Hill.
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The family, now in danger of demolishing the decking, appealed to the Planning Inspectorate as a result.
Mr and Mrs Grimshaw told planning inspector Sarah Colebourne the council was treating them unfairly.
They said: "We have had no opportunity to make adjustments to the decking and we have been treated unfairly by Bolton Council.
"A site visit to our property would allow you to confirm we do not have a clear view over the boundary fence."
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On May 14 of this year, following the site visit, the planning inspector ruled in favour of Mr and Mrs Grimshaw.
Ms Colebourne ruled the issue of overlooking other properties on Cox Green Road and Whittle Hill was not a reason for refusal due to the distance to these other properties and the cover created by the boundary fence and by some trees.
Ms Colebourne said: "I conclude that the privacy of the neighbouring occupiers on Cox Green Road and Whittle Hill is not harmed by this development and it accords with development plan policy CG4 in Bolton's Core Strategy Development Plan Document which seeks to protect the privacy of surrounding occupiers.
"I conclude that the proposal accords with the development plan and there are no material considerations to outweigh this. No conditions are necessary as the proposal is constructed to an acceptable design. The appeal should be allowed."
This article was written by Jack Tooth. To contact him, email jack.tooth@newsquest.co.uk or follow @JTRTooth on Twitter.
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