A four-bed home which has only just finished being built may have to be demolished after it was built 75cm too tall and in a slightly different position than what was approved.
Plans for the detached house in Prestwich were approved by Bury council in 2018, but now an enforcement action has begun with council officials saying there has been a ‘breach of planning control’. The enforcement notice requires the house to be demolished and permanently removed, along with all garden structures and retaining walls.
The owners have appealed but it was dismissed by the planning inspectorate on April 29, 2024, and now the appellant, Martin Gerard Wright, has just six months to demolish the house. In its enforcement notice, Bury Council claimed the building has been brought forward by approximately 145cm so is not in the position shown on the approved plans.
The four-bed house breached planning permissionThe enforcement notice also states: “The consequence of the above, is the car parking area has a depth of 4,550mm as opposed to 6,000mm as indicated on the approved plans. The space available would not accommodate the parking requirements. The two-storey height bay feature to the front of the building has been omitted and therefore does not comply with the approved plans.
"The height of the building has been raised by approximately 75cm and the front entrance steps are not positioned as per the approved plans. The southern gable elevation does not conform, as windows have been added at first and second floor levels.”
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According to the Manchester Evening News, the council added that the building "amounts to unauthorised development and constitutes a material breach of planning control". The notice reads: “The building, as constructed is detrimental in its siting, layout, lack of parking facility, external appearance and poor design.”
It is understood that the house is currently rented out. The current occupier said they did not want to comment. A neighbour, who asked not to be named, said: “It’s such a shame that it got so far along before action was taken. The council issued bins to the property. Why would they do that if it wasn’t compliant? I have no problem with the way it looks.”
The owner has six months to take it downAnother neighbour, said: “The only thing I can say is I feel so sorry for the people living there.”
In his appeal decision notice, planning inspector Peter Willows said ‘the dwelling now built differs from the permitted dwelling in a number of respects’. He added: “I find that the building constructed harms the character and appearance of the area.”
He increased the length of time permitted for the demolition from 60 days to six months. He said: “Since the property is apparently now occupied, it is necessary to allow an appropriate period of time to allow the occupiers to look for alternative accommodation. Given this change in circumstances, since the notice was issued, the council now accepts that a longer period for compliance is appropriate. The appellant suggests a period of six months.
“In my judgement, that would strike a proper balance between the needs of the occupiers of the property and practical considerations on the one hand, and the desirability of ensuring the breach of planning control is remedied without undue delay on the other.”
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