Kemp Heaton Avenue, situated between Bury Cemetery & Peachment Place, Bury Data via plota.co.uk

73220 - Non-Material Amendment Application Refused
Admin / procedural

Proposal

Non-material amendment following grant of planning permission (Variation of condition no. 2 (approved plans) and condition 15 (drainage design) of planning permission - removal of louvres from windows of the houses, bungalows and cottage flats; amendments to landscaping and additional information added to drainage design and layout): (i) substitution of a small number of drawings under Condition 2 to regularise minor plan-based refinements, and (ii) an update to the drainage drawing/reference under Condition 15 to reflect a below-ground surface water pumping chamber required by a third-party constraint Data via plota.co.uk

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View original council record ↗Last checked

Application progress

✓
Received
19 May 2026
✗
Refused
10 Jun 2026
Appeal
Not lodged

Refused on 10 Jun 2026 · Delegated · Last checked 5 Jul 2026

Documents

View the documents on the council's website ↗

Associated applications 6

Site constraints 6

Coal mining development high risk area
Recorded coal mining features at or near the surface. Most planning applications here need a coal mining risk assessment.
From the Mining Remediation Authority, formerly the Coal Authority. The development high risk area marks recorded coal mining features at or near the surface: mine shafts and adits, shallow workings, mine gas and former opencast sites. Most planning applications there need a coal mining risk assessment; householder applications, changes of use and some minor works are exempt. Mine entry positions come from old plans and can be out by several metres, and unrecorded workings can exist anywhere in the coalfield.
Coal mining risk assessments ↗
Article 4 direction
Bury borough HMO. Named permitted development rights are withdrawn here.
An Article 4 direction withdraws particular permitted development rights, so work that would normally need no application needs one here. Not every council has published its directions.
Agricultural land, grade 3b
Not best and most versatile land (grades 1, 2 and 3a). Source: the Predictive Agricultural Land Classification Map (Defra and Natural England, 2025; the Welsh Government's Predictive ALC Map 2 in Wales), a model rather than a site survey. A site survey can differ.
Where development of farmland is needed, policy prefers poorer land over the best and most versatile (grades 1, 2 and 3a). Three sources: Natural England's post-1988 field surveys, which are definitive where they exist; the Defra predictive map for England (2025) and the Welsh Government predictive map, modelled from the soil map with 3a and 3b split; and the 1970s provisional map, which planners and other services still show, coarser and with grade 3 undivided. Where the provisional and predicted grades disagree, treat the predicted grade as the current estimate and expect an application to carry its own survey.
Radon affected area, class 5
An estimated 10 to 30% of homes reach the radon action level. Indicative for the 1 km square, which takes the highest class found in it; a radon test gives the answer for a building.
From the British Geological Survey and UK Health Security Agency indicative atlas. Under building regulations, as the BRE guide BR 211 (2023) sets out, new buildings and extensions need basic radon protection from class 3 in England and Wales and from class 2 in Scotland, and full protection from class 5. The class at the site itself, from the detailed BGS map, decides which.
UKHSA radon ↗
Also on the record
3 listed buildings within 150 m of the postcode pin; National infrastructure project about 1617 m away: M60/M62/M66 Simister Island.
Not affected
Outside flood zones 2 and 3 · Not green belt · No scheduled monument at the site

Checked on 6 October 2026. The pin for this application is the centre of its postcode rather than the building, so distances to nearby designations are measured from the postcode and can be out by the width of the postcode area. Historic England, the Environment Agency, Natural England, the Mining Remediation Authority, the Planning Inspectorate, the British Geological Survey and UK Health Security Agency (radon, contains BGS materials © UKRI) and council datasets, Open Government Licence. A boundary can run through a site and the council holds the definitive record: confirm with the council before relying on this.

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Other new applications on this street

19 May 2026Approved

Kempton Heaton Avenue, situated between Bury Cemetery & Peachment Place, Bury

Application to discharge condition 18 (Management and Maintenance of Unadopted A...

73222
11 Aug 2026Pending

Kemp Heaton Avenue, situated between Bury Cemetery to the north and Peachment Place Extra Care apartments to the south

Variation of conditions of planning permission 71532: No. 2 (approved plans) to ...

73538
28 May 2026Decided

Kempton Heaton Avenue, between Bury Cemetery & Peachment Place

Application to discharge condition nos. 5 (remediation strategy) and 8 (coal min...

73265

Nearby new applications

30 Sept 2026Pending

94 Nelson Street, Bury, BL9 9HX

Prior approval for proposed single storey extension

73702
21 Sept 2026Pending

Kirwin House, 9 Manor Gardens, Bury, BL9 9FY

Application to discharge conditions 4 (surface water drainage), 5 (surface water...

73655
17 Sept 2026Pending

Kemp Heaton Avenue, situated between Bury Cemetery to the north and Peachment Place Extra Care apartments to the south

Part-discharge of Condition 5 (Remediation) of application 70015, as amended by ...

73646
15 Jun 2026Pending

94 Nelson Street, Bury, BL9 9HX

Lawful Development Certificate for existing change of use from dwelling (Class C...

73320
21 Aug 2026Pending

3 Fletcher Fold Road, Bury, BL9 9RX

Demolition of single storey side extension; Two storey side extension; Single st...

73566
11 Aug 2026Pending

Kemp Heaton Avenue, situated between Bury Cemetery to the north and Peachment Place Extra Care apartments to the south

Variation of conditions of planning permission 71532: No. 2 (approved plans) to ...

73538

Important details

Council
Bury
Application type
Non-Material Amendment Application
Postcode
BL9 9RL
Received
19 May 2026
Validated
19 May 2026
Ward
Bury East - Redvales
Case officer
Show
Target decision
16 Jun 2026
Decision
Refused
Decision date
10 Jun 2026
Decision level
Delegated
Applicant
Show
Agent
Hive Land & Planning

Consultation & key dates

Alt. reference
PP-14821065
Planning Portal ref
PP-14821065
Statutory expiry
16 Jun 2026
Env. assessment
No
Bury
Planning Authority Score
7.5/10
Good
#41 of 296 councils
Relevant to this application:
Householder decisions

Bury is faster than most councils at deciding householder applications, ranking #61 out of 296. Householder applications are slightly more likely to be approved here (94%) than the national average (90%).

Faster than most councils
for householder decisions
These figures are council-wide context, not a prediction for this application. View full council performance
Bury decision statistics
Based on MHCLG data, the year to March 2026
86%
Overall approval rate
Below avg (87%) #191 of 296
94%
Householder approved
Above avg (90%) #99 of 296
76%
Decided in 8 weeks
Above avg (63%) #61 of 296
32%
Extended time limit
Below avg (41%) #64 of 296
59%
Minor dwellings approved
61 decided (1-9 homes)
78%
Major dwellings approved
9 decided (10+ homes)
79%
Change of use approved
63 decided
757
Total decisions
109 refused in the year to March 2026
Source: MHCLG planning statistics · See full council rankings