Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Quashed On Legal Grounds21 July 20213262951

Providence Works, Queens Road, Halifax, HX1 3NS

Planning appeal 3262951 at Providence Works, Queens Road, Halifax, HX1 3NS (Calderdale Metropolitan Borough Council) was decided (quashed on legal grounds) on 21 July 2021 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice validly specifies the alleged breach of planning control and the steps required for compliance.

Erection of a building for use as an MOT Test Centre/Station and creation and use of a vehicular access

Authority
Calderdale Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Other minor developments
Inspector
Freer P
Postcode
HX1 3NS

Main issues, as the Inspector framed them

  • Whether the enforcement notice validly specifies the alleged breach of planning control and the steps required for compliance
  • Whether the notice impermissibly conflates operational development with material change of use under section 55(1) of the Town and Country Planning Act 1990

What decided it

The enforcement notice impermissibly conflates operational development with material change of use in breach of section 55(1) of the 1990 Act, and correction would cause injustice to the appellant by denying them the opportunity to appeal on ground (a) within the required time period.

What the Inspector cited

Judgments
Oates v SoCLG and Canterbury [2017] EWHC 2716

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 applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

91 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Calderdale

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

  1. Notice upheld24 July 20263374587
    Barsey Farm, Barkisland, Halifax, HX4 0BG
  2. Notice upheld27 April 20263339844
    Back Lane, Hebden Bridge, Ripponden, HX7 7PF
  3. Dismissed3 March 20263358833
    14 Higgin Chamber, Boulderclough, Luddendenfoot, Halifax, HX2 6JS
  4. Notice upheld5 February 20263361274
    60 Moor End Road, Halifax, HX2 0JD
  5. Quashed On Legal Grounds29 January 20263361796
    Land North East of Lower Hartley Farm, Jumps Lane, Todmorden, OL14 8DG

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.