Town and Country Planning Act 1990 (as amended)

PLANNING PERMISSION GRANTED

APPLICATION REFERENCE: 25/00253/HOUS

Name and address for correspondence:

Mr Felix Ogbeide 
37 Ennerdale Road
Middleton
M24 5RF
	Applicant name:

Mr Felix Ogbeide

Part 1 - Particulars of Application

Date of Application:	24 May 2025			

Proposal:	Excavation of lawned areas to north and east of dwelling including additional hardstanding and boundary fencing (part retrospective).	
Location:	37 Ennerdale Road, Middleton, M24 5RF, 	

Part 2 Compliance with Conditions

It is YOUR responsibility to comply with planning conditions. The Council’s Planning Enforcement Team is responsible for investigating alleged breaches of planning control.  This includes ensuring that all relevant conditions have been complied with. Effective enforcement is important to:

•	Tackle breaches of planning control which would otherwise have unacceptable impact on the amenity of the area
•	maintain the integrity of the decision-making process;
•	help ensure that public acceptance of the decision-making process is maintained.

Whilst the majority of developers/homeowners do comply with the requirements of planning permissions, there are a number who do not.  Where any planning conditions are breached, the Council can take formal enforcement action without further notice. Enforcement action could include such measures as requiring remedial works, cessation of use, or complete demolition and can cause the developer/homeowner unnecessary expense, delay and frustration. In some cases, failure to comply with planning conditions can lead to the loss of the planning permission.

Part 3 - Particulars of decision

The Rochdale Borough Council hereby give notice in pursuance of the provisions of the Town and Country Planning Act 1990 (as amended) that planning permission has been GRANTED SUBJECT TO CONDITIONS for the carrying out of the development referred to in Part I above.  

The Council hereby permits the above development in accordance with the details given on the application form and subject to the following condition(s):

Conditions and Reasons:

 1	This permission relates to the following plans:	
		
	-	Location Plan	
	-	Existing and Pre-Existing Sections	
	-	Proposed Sections	
	-	Pre-Existing Site Plan	
	-	Existing Site Plan	
	-	Proposed Site Plan	
	-	Elevation 'A' (Pre-Existing)	
	-	Elevation 'B' (Pre-Existing)	
	-	Elevation 'A' (Existing)	
	-	Elevation 'B' (Existing)	
		
	and the development shall be carried out in accordance with these drawings hereby approved.	
		
	Reason: For the avoidance of doubt and to ensure a satisfactory standard of development in accordance with the policies contained within the saved Rochdale Unitary Development Plan, the adopted Rochdale Core Strategy, the Places for Everyone Joint Development Plan and the National Planning Policy Framework.

Procedure Statement:

The proposal complies with the development plan and would improve the economic, social and environmental conditions of the area. It therefore comprises sustainable development and the Local Planning Authority worked proactively to issue the decision without delay.

Date Decision Issued           17 July 2025

Melanie Hale
Head of Planning Services

IMPORTANT	
PLEASE ENSURE THAT YOU HAVE READ AND FULLY UNDERSTOOD THE CONTENTS OF THIS DECISION NOTICE.  YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES.

INFORMATIVE:
The Local Planning Authority’s reasons for its decision are set out in the accompanying officer’s report. 

INFORMATIVE:
The applicant is reminded of the need to submit and obtain formal approval of those details required by the conditions of this planning permission before development may lawfully commence on the site.  The formal discharge of a planning condition is currently subject to payment of an additional fee per request: Fees for Planning Applications in England

INFORMATIVE:                                                                                                                                                  
This decision does not imply consent to carry out any work which may encroach over a common boundary. Such work may include excavation, positioning of walls, fences or other construction such as roofs or gutters which overhang the boundary line. The applicant is therefore advised to obtain the consent of any landowner prior to the commencement of such work. The applicant’s attention is also drawn to the provisions of the Party Wall Act 1996, which sets out the rights and responsibilities of adjoining landowners in respect of the construction or alterations of any party walls, excavations and other construction works adjacent to the boundary line. Before proceeding with the development professional advice on the provision of the Act should be sought. "The Party Wall etc. Act 1996: explanatory booklet" is available free of charge from: https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance.

INFORMATIVE:   
Bats can be mobile and cryptic in their habits, and can turn up in unexpected places. Under the Wildlife and Countryside Act 1981 it is an offence to capture, injure or kill a bat, deliberately disturb a bat, or damage or destroy a bat roost. Planning consent does not provide a defence against prosecution under this act. If bats are encountered at any time during works, work must cease and advice sought from a suitably qualified person about how best to proceed.

INFORMATIVE:
The proposed development lies within an area that has been defined by the Mining Remediation Authority as containing coal mining features at surface or shallow depth.  These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites.  Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place.   

Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks.  As a general precautionary principle, the Mining Remediation Authority considers that the building over or within the influencing distance of a mine entry should be avoided.  In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure a suitable engineering design which takes account of all relevant safety and environmental risk factors, including mine gas and mine-water.  Your attention is drawn to the Mining Remediation Authority Policy in relation to new development and mine entries available at: 
Building on or within the influencing distance of mine entries - GOV.UK 

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation Authority Permit.  Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.  Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property  
What is a permit and how to get one? - GOV.UK (www.gov.uk).  In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities.    

If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required. Further information regarding Incidental Coal Agreements can be found here - https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-applicants-for-incidental-coal-agreements 

If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Mining Remediation Authority on 0800 288 4242.  Further information is available on the Mining Remediation Authority website at: Mining Remediation Authority - GOV.UK