®Planning appeal decision
Land lying to the west of Brook House Lane, Shelley, Huddersfield, West Yorkshire, HD8 8LU
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
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.
Framework references: 150, 138
Plan policies cited: Policy LP24
Judgments cited: Burdle v SoSE [1972] 3 All ER 240
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.