John Barrett successful in appeal against the decision of Bolton Metropolitan Borough Council to refuse an employment development application

John Barrett represented B&E Boys Brother Investments Ltd in an appeal against the decision of Bolton Metropolitan Borough Council to refuse an employment development application. A full award of costs was made against the Council.

Dan Connolly of Hourigan Connolly was the expert witness of Planning Policy.

Alan Davies of DTPC (North West) was the expert witness on Highway Issues

Inspector Roger Catchpole allowed the appeal is and granted planning permission for 5 B1/B2/B8 units varying in size between 468 m² and 562 m² at Waters Meeting Business Park, Britannia Way, Bolton BL2 2HH.

The site was allocated for employment use as part of a wider mixed-use site known as Crompton Way/Bolton Point Mixed Use Development Site. The residential component of the Mixed Use site had been developed out.

The application was refused against officer recommendation on the grounds that it would prevent the construction of a link road that was deemed to be necessary to make the overall development of the Crompton Way/Bolton Point site acceptable in planning terms.

However, the need for a link road had not been part of the allocation of the Mixed Use. More particularly, the residential development had been constructed – in accordance with permissions granted by the Council – and was served by a residential estate road. The Inspector noted that residential development could be construed as having compromised the delivery of a link road. The technical evidence had highlighted that the width and layout of the residential road layout did not meet the Council’s own standards for a local distributor road and that it would not be a suitable route for commercial vehicles because of its residential setting, construction and curvature along its route.

View the Appeal Decision here

View the Appeal Costs here

 

 

 

 

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