A newly built four-bed detached house has been ordered to be demolished after it was built taller and in a different position than approved plans.

Plans for the house, which fronts on to Butterstile Lane in Prestwich, were originally passed in 2018.

However enforcement action was started by Bury Council in 2023, once the dwelling had been built and occupied. Planners at the authority said that there had been a ‘breach of planning control’.

Bury Council’s enforcement notice requires the house to be demolished and permanently removed along with all garden structures and retaining walls.

Following demolition, all resulting materials must be removed from the site to reinstate the land to its former condition.

The enforcement notice, initially published in February 2023, was appealed but that appeal was dismissed by the Planning Inspectorate on April 29, 2024.

The appellant  now has six months from the date of the April decision to undertake the demolition and reinstate the land to its previous condition.

In its enforcement notice, Bury Council claimed the building has been brought forward, towards Butterstile Lane, by approximately 1,450mm, so is not in the position shown on the approved plans. The enforcement notice also states: “The consequence of the above, 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 750mm 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.”

The council added that the building ‘amounts to unauthorised development and constitutes a material breach of planning control’. The notice, said: “The building, as constructed is detrimental in its siting, layout, lack of parking facility, external appearance and poor design.”

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 sixth 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.”