Atlas Mill: Council enforcement quashed by Planning Inspectorate

Planning bosses at Bolton Council took action in November against Apex Window Services, based at  7 Atlas Mill on Bentinck Street, Heaton. 

The enforcement department argued that, because it is a windows manufacturer, there was a breach of use of the original planning application, which only provided permission for storage and distribution. 

In February this year, Apex appealed against the enforcement to the Planning Inspectorate. 

On July 29, almost six months after the appeal was put in, the body came back in favour of the manufacturer. 

It said that because the enforcement notice was put in for "7 Atlas Mill, Bentinck Street, Bolton", it could not uphold it, as that covers the entire building, while Apex is based in "Unit 4, 7 Atlas Mill". 

In its judgement, inspector M Savage said: "The council appears primarily concerned with Unit 4, which is used for the manufacture of windows and doors and Unit 5, which was used as a gym.

"The appellant occupies Unit 4. During my visit, I saw that the units are physically separated from other units within the building by walls and roller shutter doors. 

Read more: Business appealing against enforcement notice in a bid to remain at mill

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"In terms of Unit 4, the manufacturing of windows and doors appears to take place exclusively within the unit itself. However, although the different units share certain parts of the building, the units are physically separated from the other by walls and roller shutter doors. 

Residents raised concerns about loading and noise from businesses at the mill. L-R: Ernest Robinson, Pauline Wilkinson, Chris Bowling, Eddie Bowling and Cllr Roger Hayes (Image: Newsquest)

"While there is a single landowner, the units are let to different businesses and individuals. The activities of the different units appear functionally separate." 

The inspector added: "From the evidence before me and from my inspection of the site I find that, as a matter of fact and degree, each unit is a separate planning unit, which is physically and functionally separate."

Apex director, Mirza Mehboob Hussain, said: "We are delighted with the report provided by the inspector as we can continue our hard work as usual. 

"As the report and decision was in our favour we are not looking to take any further steps at this stage and as mentioned earlier will continue our efforts to further enhance our business and relationship with the community." 

Cllr Roger Hayes said: "I raised some questions with the planning department, it seems to be a bizarre decision. 

"Clearly it is a change of use. I have asked questions of planning, they seem bemused as well. 

"I worry whether it might set a precedent for other units in there changing their use. People operating there without any consideration for residents. 

"The inspectorate has also taken about six months to come to decision which again is annoying everybody." 

He added: "This is absolutely bizarre. But I do think the council did a good job on this."