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
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
We are pleased to announce our annual Mini-Pupillage Fair will take place on 22nd & 23rd June 2023.
For more infor… https://t.co/djaN5RC6Gs Kings Chambers 4 days, 5 hours ago..
Andrew Hogan & Craig Ralph undertake their annual review of current issues in PI costs including QOCS, fixed costs,… https://t.co/qQnnlhwmRf Kings Chambers 6 days, 23 hours ago..
The second in our employment law webinar series sees Laura Gould provide an overview of a modern understanding of n… https://t.co/YO39TWdoLY Kings Chambers 1 week, 3 days ago..
In the latest Kings Chambers Costs Newsletter Andrew Hogan considers recent developments in QOCS including a number… https://t.co/boFNieoFr7 Kings Chambers 1 week, 4 days ago..
For #InternationalWomensDay 2023, we want to take the opportunity to celebrate the achievements of our female membe… https://t.co/KfZisnct3f Kings Chambers 1 week, 5 days ago..
© Copyright 2023 Kings Chambers. All rights reserved.