Land and Property Adjacent to 188 Healey Lane, Healey, Batley, WF17 8BN

Planning appeal 3272693 at Land and Property Adjacent to 188 Healey Lane, Healey, Batley, WF17 8BN (Kirklees Metropolitan Council) was dismissed on 15 September 2021 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: 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 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
Postcode: WF17 8BN

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.

What the Inspector cited

Development plan policies: Policy LP52Policy LP21
National Planning Policy Framework: Paragraph 127Paragraph 109

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.

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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.