Case 3308869

Land off Inverbeg Drive, Bolton, BL2 6NA

Bolton Metropolitan Borough Council — appeal allowed

Outcome
Allowed
Decision date
17 July 2023
Authority
Bolton Metropolitan Borough Council
Inspector
Coyne C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Major dwellings
Appellant
Westchurch Homes Limited
LPA reference
12412/21
ONS LPA code
E08000001
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 February 2023

Summary AI

The appeal for planning permission to develop land off Inverbeg Drive, Bolton, was allowed. The inspector found that the proposed development would provide an equivalent or better provision of recreational land, and that the benefits of the proposal would outweigh the adverse impacts. The development will include 94 residential dwellings, access from Inverbeg Drive, construction of roads and footways, landscaping, open space, drainage, and other associated works.

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Page 1 · Chunk 0 Appeal Decision

Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision Site visit made on 3 May 2023 by C Coyne BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 17th July 2023 Appeal Ref: APP/N4205/W/3308869 Land off Inverbeg Drive, Bolton BL2 6NA • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Paul Sinclair (Westchurch Homes Limited) against the decision of Bolton Metropolitan Borough Council. • The application Ref 12412/21, dated 8 October 2021, was refused by notice dated 28 June 2022. • The development proposed is described on the application form as ‘The construction of 88 residential dwellings, including access from Inverbeg Drive, construction of roads and footways, landscaping, open space, drainage and other associated works’. Decision 1. The appeal is allowed and planning permission is granted for erection of 94No.

Page 1 · Chunk 1 Appeal Decision

Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision residential dwellings, together with access from Inverbeg Drive, construction of roads and footways, landscaping, open space, drainage and other associated works at Land off Inverbeg Drive, Bolton BL2 6NA in accordance with the terms of the application Ref 12412/21, dated 8 October 2021, and the plans submitted with it, subject to the conditions set out in the attached schedule. Preliminary Matters 2. The Council has described the development as ‘erection of 94No. residential dwellings, together with access from Inverbeg Drive, construction of roads and footways, landscaping, open space, drainage and other associated works’. I note that the appellant has also utilised a similar description on their appeal form. I consider that this revision provides an accurate description of the proposal and I have therefore determined the appeal on this basis. Main Issues 3. The main issues are: • the effect of the proposed development on highway safety; • whether the proposed development would provide an equivalent or better provision of recreational land than what is currently provided; and • the effect of the proposed development on biodiversity. Reasons 4.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision The appeal site comprises two full size football pitches and a derelict single storey building which was formerly the clubhouse for Wyresdale Amateur Football Club (WAFC). The site is bounded on all sides by metal palisade fencing approximately https://www.gov.uk/planning-inspectorate

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision The appeal site comprises two full size football pitches and a derelict single storey building which was formerly the clubhouse for Wyresdale Amateur Football Club (WAFC). The site is bounded on all sides by metal palisade fencing approximately https://www.gov.uk/planning-inspectorate

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision Appeal Decision APP/N4205/W/3308869 1.8 metres in height. The site is surrounded on three sides by suburban residential development and on one side by the Blackshaw primary school and its grounds. There is a public footpath on one side of the site which runs from Inverbeg Drive, past the school and on towards the residential development beyond. This footpath intersects with one that leads towards Blackshaw Brook and the associated woodland. Highway Safety 5. The Council raise a concern in relation to the proposed vehicular access from Inverbeg Drive in that it is ‘substandard’ with the carriageway not being wide enough. However, as the Council acknowledge in their statement the proposed width of the carriageway is above the Council’s own minimum adoptable standard in this regard. 6. The Council have also stated that there is an ongoing issue in relation to on-street parking on Inverbeg Drive with around half of the properties there having to rely on this form of parking thereby reducing the useable width of the existing carriageway further. However, this is not the same as cars being parked on the street outside the front of these properties all the time.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision Indeed, the submitted evidence including on-street parking surveys indicate that approximately 6 cars parked on the street in the evening and around 3 cars parked on the street during the day. 7. While I note that these surveys represent but a snapshot in time, they do however give an indication of the likely demand for such parking based on substantive evidence. This evidence also indicates that vehicles, including emergency ones, heavy goods ones and other delivery vehicles, would be able to pass each other without obstruction on Inverbeg Drive. Moreover, I have no substantive evidence before me to indicate otherwise. The submitted evidence, including an Emergency Risk Assessment also demonstrates that a secondary vehicular access just for emergency vehicles is not required. 8. Furthermore, according to the submitted plans and other evidence, the proposed dwellings would all have off-street parking meaning that this would not be an issue further down the street from the existing terraced properties on Inverbeg Drive. It is also likely that the residents of these properties would be notified before any building work commenced on the proposal meaning that they could move their vehicles if necessary.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision In addition, the proposed conditions mean that construction activities would be limited to daytime hours when the on-street parking demand would be lower hence mitigating any potential impact in this regard. 9. Additionally, the Highway Authority have raised no objection to the proposal and from the evidence before me I see no reason to disagree. Consequently, I find that the proposal would not have an adverse impact on highway safety and being mindful of Paragraph 111 of the National Planning Policy Framework (the Framework) see no reason why the proposal should be refused. I therefore conclude that the proposal would accord with policies P5 and S1 of the adopted Bolton Core Strategy (BCS). Recreational Land 10. The Council are concerned that the proposal would result in the loss of recreational land without it being replaced by equivalent or better provision in terms of quantity and quality in a suitable location as required by paragraph 99 b) of the Framework.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision However, the submitted evidence indicates that the loss of the two football pitches would be mitigated by the provision of four new football pitches at a site located near Radcliffe Moor Road and Bury New Road, some 450 metres from the appeal https://www.gov.uk/planning-inspectorate 2

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision However, the submitted evidence indicates that the loss of the two football pitches would be mitigated by the provision of four new football pitches at a site located near Radcliffe Moor Road and Bury New Road, some 450 metres from the appeal https://www.gov.uk/planning-inspectorate 2

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision Appeal Decision APP/N4205/W/3308869 site and that these new football pitches would be within a reasonable walking distance from there. 11. The appellant has also stated that due to a lack of adequate drainage the extant pitches at the appeal site are not fit for purpose for around 90% of the season meaning that the WAFC first team are currently playing at a temporary alternate venue at the Essa Academy. They also state that the current pitches at the appeal site do not meet Sport England’s standard pitch size requirements. The Council has also not contested these points. 12. The evidence, including the Council’s Playing Pitch Strategy Assessment, also shows that there is currently an over-provision of adult football pitches in Bolton, meaning that it would not lead to a shortfall in such facilities. It also highlights that there is an unmet need for football pitches in Bury where the alternate provision would be situated. This is also not contested by the Council. 13.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision According to the evidence, the proposed scheme located in Bury would provide two replacement football pitches plus two additional ones, a clubhouse building with changing rooms, referee facilities and meeting rooms which would meet the guidance and standards set by Sport England and the Football Association. It also highlights that the existing clubhouse and pitches do not meet these standards. The proposed replacement pitches would also be for different age groups and not just for adults and would also help meet an identified need. As a result, I consider it likely that the replacement provision would be better in terms of quantity and quality. 14. I note that the replacement football pitches would be provided in an adjacent local planning authority area. However, given its relative proximity to the appeal site and its good accessibility from it, it would be reasonable to think that existing users of the WAFC facilities would be still able to be patrons of the club at the new replacement facilities’ location. The evidence also shows that the replacement pitches would be in a suitable location as defined by Sport England. 15.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision I also note the previous objections to the proposal from Sport England and the Football Foundation via Sport England. However, according to the officer report, further to the submission of additional information and subject to a suitably worded ‘Grampian’ style planning condition being imposed these objections were withdrawn. 16. Furthermore, according to the evidence, as well as submitting the planning application the appellant will be delivering the replacement facilities for WAFC and will provide them with the freehold interest of the land off Radcliffe Moor Road where they would be located. I therefore consider it likely that the replacement facilities will be provided at the proposed location in Bury. 17. That said, even if the proposed scheme did not obtain planning permission in the short term, I consider that the imposition of the suggested ‘Grampian’ condition would ensure that the current football facilities at Inverbeg Drive would not be lost until they were replaced by equivalent or better provision in terms of quantity and quality in a suitable location. 18.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision Consequently, I conclude that the proposed development would provide an equivalent or better provision of recreational land than what is currently provided. It would therefore accord with policy CG1 of the BCS and paragraph 99 of the Framework. https://www.gov.uk/planning-inspectorate 3

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision Consequently, I conclude that the proposed development would provide an equivalent or better provision of recreational land than what is currently provided. It would therefore accord with policy CG1 of the BCS and paragraph 99 of the Framework. https://www.gov.uk/planning-inspectorate 3

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision Appeal Decision APP/N4205/W/3308869 Biodiversity 19. Concerns have been raised that the proposal would lead to a loss of biodiversity. According to the officer report and the appellant’s statement the proposal would provide net biodiversity gain to the area. However, the provision of this net gain would be off-site and paid for by financial contributions subject to a s106 legal agreement. While a draft legal agreement has been submitted this is not fully signed or dated and is therefore incomplete. As a result, I cannot be certain that this off-site net biodiversity gain would be provided. 20. The officer’s report also states that the proposal would lead to a loss of biodiversity of around 66% which the appellant does not contest. Consequently, and in the absence of a fully signed, dated, and executed legal agreement I find that the proposal would cause significant harm in this regard. I therefore conclude that the proposal would conflict with policy CG1 of the BCS and paragraph 174 of the Framework. Other considerations 21. Based on the evidence, the delivery of affordable housing within the Borough is well below the identified need.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision The proposal would provide 94 dwellings all of which would be affordable units, and this would far exceed the 35% requirement set by policy SC1 of the BCS. Given that the proposal would make a significant contribution to addressing the shortfall in the delivery of affordable housing in the Borough I afford this consideration substantial weight. 22. The evidence also shows that the proposal would sustain around 89 on-site construction jobs and 113 off-site jobs over a two-year period and that there would be a significant local economic benefit from the construction and subsequent occupation of the 94 dwellings to be provided. As a result, I also afford this consideration substantial weight. 23. According to the evidence the proposal would help meet unmet need for football pitches in a neighbouring local planning authority area. However, as this is dependent on another scheme obtaining planning permission at a future date, I afford this potential benefit moderate weight. Other Matters 24. Interested parties have raised concerns relating to several matters including: crime; vandalism; flood risk; increased pressure on local education, medical and dental services; and a lack of sufficient infrastructure for the proposal.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision However, I have no substantive evidence before me to suggest that the proposal would cause unacceptable harm in relation to these matters. 25. In addition, while I note the concerns relating to any potential impact on house prices, I am mindful of the advice contained in the Planning Practice Guidance (the Guidance)1 that in general planning is concerned with land use in the public interest rather than the protection of purely private interests such as the impact of a development on the value of a neighbouring property.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision However, I have no substantive evidence before me to suggest that the proposal would cause unacceptable harm in relation to these matters. 25. In addition, while I note the concerns relating to any potential impact on house prices, I am mindful of the advice contained in the Planning Practice Guidance (the Guidance)1 that in general planning is concerned with land use in the public interest rather than the protection of purely private interests such as the impact of a development on the value of a neighbouring property. | Furthermore, according to the evidence before me the appeal site is not within the | | --- | | Green Belt and while I note that the proposed replacement pitches would likely be | | located within it, this is not a matter for me to consider in relation to the appeal | | case before me which I have judged on its own merits. |

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision | Furthermore, according to the evidence before me the appeal site is not within the | | --- | | Green Belt and while I note that the proposed replacement pitches would likely be | | located within it, this is not a matter for me to consider in relation to the appeal | | case before me which I have judged on its own merits. | 1 Paragraph: 008 Reference ID: 21b-008-20140306 https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/N4205/W/3308869 | me to consider whether the Radcliffe Road scheme should or should not be built on | | --- | | brownfield land as part of my decision on the appeal proposal before me. |

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision | me to consider whether the Radcliffe Road scheme should or should not be built on | | --- | | brownfield land as part of my decision on the appeal proposal before me. | brownfield land as part of my decision on the appeal proposal before me. Conditions 27. I have imposed conditions as set out in the attached schedule in light of the use of planning conditions set out in the Framework and the Guidance. Consequently, in the interests of precision and clarity I have undertaken some minor editing and rationalisation of the conditions as set out in the Council’s officer report and the appellant’s statement. 28. In addition to the standard implementation condition, I have imposed a necessary condition to define the plans with which the scheme should accord in the interest of precision. 29.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision brownfield land as part of my decision on the appeal proposal before me. Conditions 27. I have imposed conditions as set out in the attached schedule in light of the use of planning conditions set out in the Framework and the Guidance. Consequently, in the interests of precision and clarity I have undertaken some minor editing and rationalisation of the conditions as set out in the Council’s officer report and the appellant’s statement. 28. In addition to the standard implementation condition, I have imposed a necessary condition to define the plans with which the scheme should accord in the interest of precision. 29.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision In the interests of the character and appearance of the area I have also imposed necessary conditions specifying that no doors or windows be installed until a detailed specification for all windows and doors is submitted to and approved by the local planning authority; that the proposal be constructed of materials in accordance with samples submitted to and approved by the local planning authority; that boundary treatments be in accordance with the approved plan; and prohibiting the erection of fencing, walls, gates or other means of enclosure to the front of any of the dwellings hereby approved, other than those on the approved plans. 30. In the interest of ensuring that replacement facilities are provided of an equivalent or better quantity and quality I have imposed a necessary condition for the submission and approval of a scheme for this replacement provision by the local planning authority. 31.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision In the interest of minimising risks from potentially contaminated land I have also imposed necessary conditions requiring that: an investigation and risk assessment be carried out should any contamination be discovered during the proposal’s construction; that if contamination is found or suspected at any time during development a scheme of remediation to remove any unacceptable risk to human health, buildings and the environment shall be approved; that prior to occupation of the development a Completion Report demonstrating that the scheme has been appropriately implemented and the site is suitable for its intended use shall be submitted and approved; and that no soil or soil forming materials shall be brought to the site until a testing methodology has been submitted and approved. 32. I have imposed a necessary condition requiring the submission and approval of full details of the proposed surface water drainage works in the interest of minimising flood risk. 33. I have also imposed reasonable conditions in respect of the submission of a construction management plan to protect the living conditions of neighbouring occupiers. 34.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision In the interest of protecting trees and hedgerows, I have imposed necessary conditions requiring protective fencing for trees and hedgerows overhanging the site that are to be retained and for a method statement detailing how elements of the development would be constructed without damaging protected trees and that trees and shrubs be planted in accordance with the approved landscape scheme. 35. I have also imposed a reasonable condition that prevents the commencement of development until a scheme to eradicate invasive weed species has been https://www.gov.uk/planning-inspectorate 5

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision In the interest of protecting trees and hedgerows, I have imposed necessary conditions requiring protective fencing for trees and hedgerows overhanging the site that are to be retained and for a method statement detailing how elements of the development would be constructed without damaging protected trees and that trees and shrubs be planted in accordance with the approved landscape scheme. 35. I have also imposed a reasonable condition that prevents the commencement of development until a scheme to eradicate invasive weed species has been https://www.gov.uk/planning-inspectorate 5

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision Appeal Decision APP/N4205/W/3308869 submitted to and approved by the local planning authority. This is in the interest of protecting native plant species. 36. In the interest of protecting wildlife, I have imposed a necessary and reasonable condition prohibiting development works until details for alternative on-site bat and nesting bird accommodation and of access for hedgehogs, are submitted to, and approved by the local planning authority. 37. In the interest of highway safety, I have imposed necessary and reasonable conditions: requiring access roads, footways; footpaths and car parking spaces be constructed and completed in accordance with the approved site layout drawing and the submission of a scheme detailing how parts of the site to be used by vehicles are to be laid out, constructed, surfaced, drained and lit. 38. The Council suggested a condition requiring the submission and approval of details of the electric vehicle charging points to be provided within the development. However, as Part S of the Building Regulations is now in effect this condition is not necessary and I have therefore not imposed it. Planning Balance and Conclusion 39.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision Both main parties agree that the Council cannot demonstrate a 5-year supply of deliverable housing land for the area with the appellant estimating this to be around 3.9 years, a figure the Council does not dispute. As such, it is necessary for me to determine whether the adverse impacts of the development would significantly and demonstrably outweigh the benefits inherent in providing up to 94 additional dwellings to assist the Council in addressing its undersupply as set out in Paragraph 11 of the Framework. 40. In relation to the adverse impacts of the proposal, it would lead to a significant net loss of biodiversity in conflict with policy CG1 of the BCS and para 174 of the Framework. 41. Turning to the potential benefits of the proposal, it would provide substantial social, and economic benefits including the provision of homes to assist the local planning authority in addressing its significant shortfall in housing land supply and the provision of affordable homes. It would also provide a moderate benefit in terms of meeting an unmet identified need in an adjacent local planning authority area. 42.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — Appeal Decision The proposal would accord with the development plan and the Framework when read as a whole and the adverse impacts of granting planning permission would not significantly and demonstrably outweigh the benefits when assessed against the policies contained within them. 43. The Framework indicates in Paragraph 11 that such development should be approved without delay. Therefore, for the reasons set out above, I conclude that the appeal should be allowed, and planning permission is granted, subject to conditions.

Page 6 · Chunk 28 C Coyne

Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne INSPECTOR https://www.gov.uk/planning-inspectorate 6

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne INSPECTOR https://www.gov.uk/planning-inspectorate 6

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne Appeal Decision APP/N4205/W/3308869 Schedule of Conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan Drawing No. SL01; Boundary Treatments and Details Drawing No. BT01 Rev F; Landscape Proposal Sheet 1 of 2 Drawing No. 6684.01 Rev B; Landscape Proposal Sheet 2 of 2 Drawing No. 6684.02 Rev B; Proposed Site Access continuation of Inverbeg Drive Ref. B026882-TTE-00-XX-PL-D-0001 Rev P01; Hard Landscape Plan Drawing No. HL01 Rev F; Materials Plan Drawing No. MP01 Rev F; Proposed Site Layout Drawing No. PL01-SK03 Rev G; Proposed Site Layout (Colour) Drawing No. PL01-SK03 Rev G; Refuse Plan Drawing No. RP01 Rev F; ARUNDEL EBH (ARU-EBH) 872-ARUNDEL-EBH Drawing No. 872- ARU-113 Rev F; ARUNDEL EHH (ARU-EHH) 872-ARUNDEL-EHH Drawing No. 872-ARU-114 Rev F; ARUNDEL ERH (ARU-ERH) 872-ARUNDEL-ERH Drawing No. 872-ARU-115 Rev F; ARUNDEL MB (ARU-MB) 872-ARUNDEL-MB Drawing No. 872-ARU-116 Rev F; ARUNDEL MH (ARU-MH) 872-ARUNDEL-MH Drawing No. 872-ARU-117 Rev F; GOSFORD EBG (GOS-EBG) 912-GOSFORD-EBG Drawing No.

Page 7 · Chunk 31 C Coyne

Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne 912-GOS-110 Rev E; KNOWL EFRH (KNO-EFRH) 752-KNOWL- EFRH Drawing No. 752-KNO-115 Rev B; KNOWL MB (KNO-MB) 752-KNOWL- MB Drawing No. 752-KNO-116 Rev B; KNOWL MHR (KNO-MHR) 752-KNOWL- MHR Drawing No. 752-KNO-117 Rev B; KNOWL MFR (KNO-MFR) 752- KNOWL-MFR Drawing No. 752-KNO-118 Rev B; KNOWL EBH (KNO-EBH) 752-KNOWL-EBH Drawing No. 752-KNO-113 Rev B; KNOWL EHRH (KNO- EHRH) 752-KNOWL-EHRH Drawing No. 752-KNO-114 Rev B; CHATSWORTH MB (CHA-MB) 902-CHATSWORTH-MB Drawing No. 902-CHA-116 Rev A; RAMSDELL EBH (RAM - EBH) 1070 - RAM – 113 4 BED (END) Drawing No. 1070-RAM-113 Rev A; RAMSDELL EFRH (RAM - ERH) 1070 - RAM – 110 4 BED (END) Drawing No. 1070-RAM-115; BURGHLEY ALT 2 EBH (BUR-EBH) 614 & 535 -ALT 2-M4(2) ALT 2-BURGHLEY-EBH Drawing No. 614A2-M42- BUR113; BURGHLEY ALT 2 MB (BUR-MB) 614 & 535 -ALT 2-M4(2) ALT 2- BURGHLEY-MB Drawing No. 614A2-M42-BUR116; Ground Investigation Report ref: 20WCH012/GI. 3) Notwithstanding any description of materials in the application no above ground construction works shall take place until samples or full details of materials to be used externally on the buildings have been submitted to and approved in writing by the local planning authority.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne Such details shall include the type, colour, and texture of the materials. The approved materials shall be implemented in full thereafter. 4) Prior to any doors or windows being installed, a detailed specification for all doors and windows shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented in full before the development is first occupied and retained thereafter. 5) The development hereby permitted shall not commence until a scheme for the provision of permanent replacement pitches and clubhouse has been approved in writing by the relevant local planning authority. The scheme must set out details of the size, location, type, and make-up of the replacement pitches together with arrangement for access. The scheme must include a timetable for the provision of the replacement pitches. 6) The development herby permitted shall also not commence until details of the temporary arrangements for the existing users of the sports pitches on the site, to be used until the approved permanent replacement pitches are https://www.gov.uk/planning-inspectorate 7

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne Appeal Decision APP/N4205/W/3308869 available and ready for play, have been submitted to and approved in writing by the local planning authority. These temporary arrangements must be put in place to accommodate the needs of the existing users of the sports pitches on the site prior to the commencement of development. 7) No dwelling on the site shall be occupied unless and until the permanent replacement pitches have been laid out and constructed in their entirety, in accordance with the approved scheme. No more than 50% of the dwellings shall be occupied unless and until the clubhouse on the replacement pitches has been constructed in its entirety and made available for use, and the replacement pitches are available for play. 8) The development hereby approved shall be carried out in accordance with the submitted and approved Ground Investigation Report Preliminary Risk Assessment: Inverbeg Drive Bolton, dated June 2021 (ref: 20WCH012/GI) by BETTS GEO Consulting Engineers. 9) Prior to commencement of development and before any physical site investigation, a methodology shall be approved in writing by the local planning authority.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne This shall include an assessment to determine the nature and extent of any contamination affecting the site and the potential for off- site migration. Provision of a comprehensive site investigation and risk assessment examining identified potential pollutant linkages in the Preliminary Risk Assessment should be presented and approved by the local planning authority. Where necessary, a scheme of remediation to remove any unacceptable risk to human health, buildings and the environment shall be approved by the local planning authority prior to implementation. Any additional or unforeseen contamination encountered during development shall be notified to the local planning authority as soon as practicably possible and a remedial scheme to deal with this approved in writing by the local planning authority. Prior to occupation of the development hereby approved a Completion Report demonstrating that the scheme has been appropriately implemented and the site is suitable for its intended use shall be submitted to and approved in writing by, the local planning authority.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne 10) Prior to the commencement of any groundworks, full details of the proposed surface water drainage works shall be submitted to and approved in writing by the local planning authority. Before these details are submitted an assessment shall be carried out to investigate the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in the National Planning Policy Framework, and the results of the assessment provided to the local planning authority. Where a sustainable drainage system is to be provided, the submitted details shall: i. Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters. ii. Include a timetable for its implementation, and iii. Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other https://www.gov.uk/planning-inspectorate 8

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne Appeal Decision APP/N4205/W/3308869 arrangements to secure the operation of the scheme throughout its lifetime. 11) Prior to the commencement of development, including demolition, ground works or vegetation clearance a Construction Management Plan (CMP) shall be submitted to and approved in writing by the local planning authority.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne Appeal Decision APP/N4205/W/3308869 arrangements to secure the operation of the scheme throughout its lifetime. 11) Prior to the commencement of development, including demolition, ground works or vegetation clearance a Construction Management Plan (CMP) shall be submitted to and approved in writing by the local planning authority.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne The CMP shall include the following details: a) Hours of construction and deliveries; b) Details of the precautions to guard against the deposit of mud and substances on the public highway, to include washing facilities by which vehicles will have their wheels, chassis and bodywork effectively cleaned and washed free of mud and similar substances prior to entering the highway; c) Dust suppression measures; d) Noise emission suppression measures; e) Construction routes in and around the site; f) Compound locations together with details of the storage facilities for any plant and materials including off-site consolidation if appropriate, the siting of any site huts and other temporary structures, including site hoardings and details of the proposed security arrangements for the site; g) Parking of vehicles associated with construction, deliveries, site personnel, operatives and visitors; h) Sheeting over of construction vehicles Development of each phase or plot shall be carried out in accordance with the approved CMP.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne 12) No demolition, development or stripping of soil shall be started until: 1) The trees and hedgerows within or overhanging the site which are to be retained have been surrounded by fences of a type to be agreed in writing with the local planning authority prior to such works commencing. 2) The approved fencing shall remain in the agreed location (in accordance with BS 5837:2012) until the development is completed or unless otherwise agreed in writing with the local planning authority and there shall be no work, including the storage of materials, or placing of site cabins, within the fenced area(s). 13) Prior to the commencement of development of any works on site, the developer shall submit a method statement detailing how the following elements of the site will be constructed without causing harm or damage to the protected trees found on the site to the local planning authority. The specified areas are: Footpath to the south of plots 43-50 (T12 Willow) Drainage proposals by T12 (Willow) No development or site clearance shall take place until the local planning authority has agreed the measures in writing, and these measures shall then be implemented fully in accordance with the approved details.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne https://www.gov.uk/planning-inspectorate 9

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/N4205/W/3308869 14) Development shall not commence until a scheme for the eradication of invasive weed species within the application site has been submitted to and approved in writing by the local planning authority. This shall include a timetable for implementation. Should there be a delay of more than one year between the approval of the scheme and its implementation or the commencement of development then a new site survey and, if necessary, further remedial measures shall be submitted for the further approval of the local planning authority. The scheme shall be carried out as approved and retained thereafter. 15) Prior to the commencement of all work, including demolition, details shall be submitted to and approved in writing by the local planning authority for alternative on-site bat and nesting bird accommodation. Prior to the erection of any fencing, details of access for hedgehogs through the site shall be submitted to and approved in writing by the local planning authority. The approved schemes shall be implemented in full and retained thereafter.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne 16) No soil or soil forming materials shall be brought to the site until a testing methodology including testing schedules, sampling frequencies, allowable contaminant concentrations (as determined by appropriate risk assessment) and source material information has been submitted to and approved in writing by the local planning authority. The approved testing methodology shall be implemented in full during the importation of soil or soil forming material. Prior to the development being first brought into use or occupied a verification report including soil descriptions, laboratory certificates and photographs shall be submitted to and approved in writing by the local planning authority. 17) No dwelling shall be occupied until the access road(s), footway(s) and footpath(s) leading thereto have been constructed and completed in accordance with the drawing ref. PL01-SK03 Rev G; "Proposed Site Layout"; revision dated 29.03.22. 18) Prior to the development hereby approved being first occupied or brought into use, a scheme detailing how parts of the site to be used by vehicles are to be laid out, constructed, surfaced, drained and lit shall be submitted to and approved in writing by the local planning authority.

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne The approved scheme shall be implemented in full and thereafter made available for the use of vehicles at all times the development is in use. 19) Before the approved/permitted development is first brought into use car parking spaces shall be provided within the curtilage of the site, in accordance with details in approved drawing PL01-SK03 Rev G. Such spaces shall be made available for the parking of cars at all times. 20) Prior to first occupation of the development hereby approved/permitted, all developer obligations shall be fulfilled to enable the Local Highway Authority to carry out a review of Traffic Regulation Orders in the locality where necessary and to enable the Local Highway Authority to consult, advertise, promote and implement Traffic Regulation Orders to implement a 20 mph speed limit within the development and to implement parking restrictions within the development. 21) Trees and shrubs shall be planted on the site in accordance with the approved landscape scheme drawing references: 6684.01 Rev B and 6684.02 Rev B prior to the development being first brought into use. The approved scheme shall be implemented in full and carried out within 6 https://www.gov.uk/planning-inspectorate 10

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Land off Inverbeg Drive, Bolton, BL2 6NA — Bolton Metropolitan Borough Council — C Coyne Appeal Decision APP/N4205/W/3308869 months of the occupation of any of the buildings or the completion of the development, whichever is the sooner, or in accordance with phasing details included as part of the scheme and subsequently approved by the local planning authority. Any trees and shrubs that die or are removed within five years of planting shall be replaced in the next available planting season with others of similar size and species. 22) Prior to each dwelling hereby approved being first occupied, the approved boundary treatment for that plot (as shown on approved drawing ref. BT01 Rev F; "Boundary Treatment and Details"; revision dated 31.03.21) shall be implemented in full. 23) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking, re-enacting or modifying that Order) no fencing, walls, gates or other means of enclosure shall be erected to the front of any of the dwellinghouses hereby approved, other than those expressly authorised by this permission. End of Schedule https://www.gov.uk/planning-inspectorate 11

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Other
For appellant
¶10-17

The inspector found that the loss of the two football pitches at the appeal site would be mitigated by the provision of four new football pitches at a site located near Radcliffe Moor Road and Bury New Road. The new pitches would be within a reasonable walking distance from the appeal site, and would provide an equivalent or better provision of recreational land.

Other
Against appellant
¶19-20

The inspector found that the proposal would lead to a loss of biodiversity, and that the provision of an off-site net biodiversity gain would not be certain. The inspector concluded that the proposal would cause significant harm to biodiversity, and would conflict with policy CG1 of the BCS and paragraph 174 of the Framework.

Highway safety
For appellant
¶5-9

The inspector found that the proposed vehicular access from Inverbeg Drive would be safe, and that the carriageway would be wide enough to accommodate vehicles. The inspector also found that the on-street parking on Inverbeg Drive would not be a significant issue, and that the submitted evidence supported this conclusion.

Policies relied on

Reference Weight
NPPF 208
Determinative
BCS policy CG1
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 11 pages, issued by the Planning Inspectorate on 17 July 2023 under the Open Government Licence.