Case 3348725

572 Rochdale Road, TODMORDEN, OL14 7SL

Calderdale Metropolitan Borough Council — appeal allowed

Outcome
Allowed
Decision date
27 February 2025
Authority
Calderdale Metropolitan Borough Council
Inspector
Senior H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Ross Rudman
LPA reference
24/00187/FUL
ONS LPA code
E08000033
Jurisdiction
Transferred
Link status
Not Linked
Start date
4 September 2024

Summary AI

The appeal for a change of use of the ground floor to a dwelling and external alterations was allowed, subject to conditions, as it would not harm the vitality and viability of the Walsden Town Centre and would improve the appearance of the area.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

572 Rochdale Road, TODMORDEN, OL14 7SL — Calderdale Metropolitan Borough Council — Appeal Decision Site visit made on 9 December 2024 by H Senior BA (Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 27 February 2025 Appeal Ref: APP/A4710/W/24/3348725 572 Rochdale Road, Todmorden, Calderdale OL14 7SL • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Ross Rudman against the decision of Calderdale Metropolitan Borough Council. • The application Ref is 24/00187/FUL. • The development proposed is change of use of ground floor to 1no dwelling and external alterations. Decision 1. The appeal is allowed and planning permission is granted for change of use of ground floor to 1no dwelling and external alterations at 572 Rochdale Road, Todmorden, Calderdale OL14 7SL in accordance with the terms of the application, Ref 24/00187/FUL, subject to the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing nos; Location Plan; AO23/295/P/001.

Page 1 · Chunk 1 Appeal Decision

572 Rochdale Road, TODMORDEN, OL14 7SL — Calderdale Metropolitan Borough Council — Appeal Decision 3) The external materials of the extension hereby permitted shall match those used in the existing building. Preliminary Matter 2. Prior to the determination of this appeal, a new version of the National Planning Policy Framework (the Framework) has been published. The substantive matters of the case before me are not however affected thereby. I do not therefore feel any of the main parties’ cases would be prejudiced by me proceeding without further consultation thereon. Main Issue 3. The main issue is the effect of the proposed change of use of the vitality and viability of the Walsden (and Bottoms) Town Centre. Reasons 4. The appeal site is a stone-built end terrace property set at the rear edge of the footpath fronting the highway. Apart from the adjacent building, which is in use as a convenience store, the surrounding buildings are predominantly residential. 576 and 578 Rochdale Road appear to have previously been in use as commercial properties but are now in residential use The ground floor is vacant with a boarded-up shop front and the upper floor is in residential use. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

572 Rochdale Road, TODMORDEN, OL14 7SL — Calderdale Metropolitan Borough Council — Appeal Decision Appeal Decision APP/A4710/W/24/3348725 5. Whilst the property lies within Walsden (and Bottoms) Town Centre and a Primary Shopping Area, it does not appear to have been in use as a retail premises or any other use for many years. The large ground floor window has been boarded up with the property having no active ground floor use and making no contribution to the vitality and viability of the area. Conversely, bringing the ground floor back into use, whilst not maintaining the retail use and altering the frontage to reduce the size of the window opening, would improve the appearance of the street scene and character of the area by bringing the building back into use and reintroducing an active ground floor frontage. In addition, it lies within a predominantly residential area and would, albeit in a limited way, boost the housing stock in the area. 6. The proposal would not harm the vitality and viability of the Walsden (and Bottoms) Town Centre.

Page 2 · Chunk 3 Appeal Decision

572 Rochdale Road, TODMORDEN, OL14 7SL — Calderdale Metropolitan Borough Council — Appeal Decision It would comply with Policies RT1 and RT7 of the CLP which together and amongst other matters supports residential proposals in town centres provided retail character is not harmed and there is no fragmentation in any part of the Primary Shopping Area and resists the loss of facilities that would undermine the role of the centre. 7. The reason for refusal also refers to Policy RT2 which permits town centre uses if they meet certain criteria. Whilst I have not been provided with a definition of town centre uses within the Local Plan, the Framework definition does not include residential uses. As the Local Plan is required to be consistent with the Framework, I do not consider that this policy is relevant to this appeal. Other Matters 8. The Council state that the proposal is within 50 metres of Grade II listed buildings, although I have not been provided with any details of them. The Council has indicated that the proposal would not be prominent in the views from the listed buildings. This is due to the distance between the appeal site, and intervening buildings.

Page 2 · Chunk 4 Appeal Decision

572 Rochdale Road, TODMORDEN, OL14 7SL — Calderdale Metropolitan Borough Council — Appeal Decision As such, I am satisfied that the development would have a neutral effect on the heritage assets and would preserve setting, and thereby, the special interest of the listed buildings. Conditions 9. To provide certainty I have included the standard time limit condition and specified that the development should be carried out in accordance with the approved plans. In addition, a condition requiring matching materials is necessary to ensure a suitably in keeping result to the development in the interests of the character and appearance of the area. Conclusion 10. For the reasons given above the appeal should be allowed.

Page 2 · Chunk 5 H Senior

572 Rochdale Road, TODMORDEN, OL14 7SL — Calderdale Metropolitan Borough Council — H Senior INSPECTOR https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Living conditions
Against appellant
¶5

The property has been vacant for many years and has no active ground floor use, making no contribution to the vitality and viability of the area.

Living conditions
For appellant
¶5

Bringing the ground floor back into use would improve the appearance of the street scene and character of the area.

Heritage impact
Against appellant
¶8

The development would have a neutral effect on the heritage assets and would preserve the setting of the listed buildings.

Policies relied on

Reference Weight
RT1 and RT7 of the CLP
Determinative
RT2 of the CLP
Limited

Site constraints from the Casework Database

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

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 27 February 2025 under the Open Government Licence.