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Planning appeal decision

Notice upheld22 June 20213261456

Land at Rose Bank Road, Todmorden, OL14 7AL

Planning appeal 3261456 at Land at Rose Bank Road, Todmorden, OL14 7AL (Calderdale Metropolitan Borough Council) was dismissed on 22 June 2021 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the works carried out (demolition of curtilage listed stone wall and construction of breezeblock wall) were essential and urgent works necessary to preserve the listed building under ground (d) of section 39(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Demolition of a section of curtilage wall to the north east boundary and construction of breezeblock wall attached/abutting curtilage wall to Grade II* listed building Todmorden Hall

Authority
Calderdale Metropolitan Borough Council
Appeal type
enforcement · Appeal against Enforcement Listed Building Notice/Enforcement Conservation Area Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Shields T
Postcode
OL14 7AL

Main issues, as the Inspector framed them

  • Whether the works carried out (demolition of curtilage listed stone wall and construction of breezeblock wall) were essential and urgent works necessary to preserve the listed building under ground (d) of section 39(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990

What decided it

The demolition of the curtilage listed wall was solely to obtain access to the appellant's land for maintenance of an unlisted embankment wall, not to preserve the listed building itself, and therefore did not satisfy the ground (d) test.

The decision letter

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The authority’s record since 2016 · every decision in 2021

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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.

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