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Planning appeal decision

Notice upheld15 September 20213272693

Land and Property adjacent to 188 Healey Lane, Healey, BATLEY, WF17 8BN

the material change of use to industry (as defined by Class B2 of the Use Classes Order 1987 (as amended)

Authority
Kirklees Metropolitan Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Hartley D

Main issues, as the Inspector framed them

  • The effect of the breach of planning control on the living conditions of the occupiers of neighbouring residential properties in respect of car parking, access and noise
  • The effect of the breach of planning control on highway safety and the free flow of traffic

What decided it

The development would cause unacceptable harm to highway safety and the free flow of traffic through reversing manoeuvres and loading activities on a narrow, busy road, and unacceptable noise and parking disturbance to neighbouring residential properties, contrary to the development plan.

No material considerations, including potential lawful B8 use and economic benefits, outweighed the identified conflict with the development plan regarding highway safety and living conditions.

Framework references: 127, 109

Plan policies cited: Policy LP52, Policy LP21

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.