A BOLTON man's planning appeal victory could set a precedent for tens of thousands of people living on modern housing estates. Homeowner Derek Jones has been told by an inspector that he can keep a garden wall fronting his Sharples home - despite Bolton Council warning that the move could lead to a hotch-potch on dozens of protected "open plan" estates. Planning restrictions mean people in open plan housing areas must seek council approval for fences, gates and walls. But permission is unlikely because the condition aims to stop areas becoming too built-up.

But Mr Jones's benchmark victory opens the floodgates for future planning applications from residents living on many estates built in the Bolton area since the 1960s.

Inspector Keith Smith ruled that Mr Jones, who built his ornate garden wall without permission, should keep his 2ft 6ins-tall brick wall in Bramley Road, Sharples, because it was well designed and in keeping with the rest of the upmarket estate.

He dismissed council arguments over precedent and said each application should be considered on merit.

He told Mr Jones in his decision report: "As the appeal proposal appears to me to be acceptable on its own particular facts and circumstances I conclude that the ability of the council to exercise or enforce development control would not be prejudiced by the success of your appeal."

Bolton Council admitted today that it was "disappointed" by the inspector's ruling which is estimated to affect tens of thousands of homeowners.

Future applicants may feel the authority is unlikely to risk more refusals for fear of losing more costly appeals which hit the pocket of the taxpayer.

But head of planning control Howard Barritt said that Mr Smith's ruling would not mean every future application for fences, walls or gates in open plan areas would be successful.

"The inspector has ruled against us in this one particular case and that may encourage more applications from people," he said. "But he did also point out that it is still appropriate to keep controlling these housing developments and said this particular decision should not prejudice us when deciding on future applications."

Mr Jones, 56, who built his wall, topped with ornamental railings, to stop children playing football on his front lawn, said he was delighted the inspector had ruled in his favour.

"Common sense has prevailed," he said. "I hadn't realised the wider implications of it all, but I'm just glad I can keep my wall."

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