®Planning appeal decision
Land Lying to the West of Brook House Lane, Shelley, Huddersfield, West Yorkshire, HD8 8LU
Planning appeal 3247920 at Land Lying to the West of Brook House Lane, Shelley, Huddersfield, West Yorkshire, HD8 8LU (Kirklees Metropolitan Council) was allowed in part (a split decision) on 27 June 2022 by Inspector Braithwaite J, following an inquiry. The main issue, as the Inspector framed it: Whether the storage use of the land is inappropriate development in the Green Belt, requiring an assessment of whether the use harms the openness of the area and compromises the purposes of including land in the Green Belt.
the material change of use from a greenfield site to the storage of aggregates, stone, waste and associated storage containers and the formation of hardstandings
- Authority
- Kirklees Metropolitan Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- minerals-waste · Change of use
- Inspector
- Braithwaite J
- Postcode
- HD8 8LU
Main issues, as the Inspector framed them
- Whether the storage use of the land is inappropriate development in the Green Belt, requiring an assessment of whether the use harms the openness of the area and compromises the purposes of including land in the Green Belt
- The effect of the use of the land on the character and appearance of the Green Belt
- If the use of the land is inappropriate development, whether that harm, and any other harm, is clearly outweighed by other considerations such that very special circumstances exist
What decided it
The storage use was found to be inappropriate development in the Green Belt causing harm to openness and to the character and appearance of the area, which was not clearly outweighed by other considerations, so very special circumstances did not exist.
The harm by reason of inappropriateness and to the character and appearance of the area was not clearly outweighed by other considerations, so very special circumstances did not exist and the ground (a) appeal failed.
What the Inspector cited
- Development plan policies
- Policy LP24
- National Planning Policy Framework
- Paragraph 150Paragraph 138
- Judgments
- Burdle v SoSE [1972] 3 All ER 240
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.