35 Tintern Avenue, Milnsbridge, Huddersfield, West Yorkshire, HD3 4PX

Planning appeal 3274314 at 35 Tintern Avenue, Milnsbridge, Huddersfield, West Yorkshire, HD3 4PX (Kirklees Metropolitan Council) was allowed in part (a split decision) on 28 September 2021 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area.

without planning permission, an engineering operation consisting of the erection of a retaining boundary wall and raising of ground levels. The erection of metal railings and the erection of an outbuilding to the front of the site

Authority: Kirklees Metropolitan Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Moore D
Postcode: HD3 4PX

Main issues, as the Inspector framed them

The effect of the development on the character and appearance of the area

What decided it

The retaining wall and railings, constructed from good quality materials with considered proportions, were found to accord with Policy LP24 and the Framework's design principles and thus acceptable, whereas the outbuilding's size, scale and prominence made it unacceptable.

The Inspector balanced the visual impact of the wall and railings against their quality of construction and proportions, finding that they enhanced rather than harmed the character and appearance of the area, whereas the outbuilding's prominence could not be similarly justified.

What the Inspector cited

Development plan policies: Policy LP24

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

84 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 Kirklees

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

Notice upheld16 July 20263300501
31 Hare Park Avenue, Hightown, Liversedge, WF15 8DN
Notice upheld25 June 20263368585
86a Sheepridge, Huddersfield, HD2 1HG
Notice upheld12 June 20263368547
4 Rydal Grove, Roberttown, Liversedge, WF15 7DN
Notice varied and upheld13 April 20263364924
26 Crosland Edge, Meltham, Holmfirth, HD9 5RS
Planning permission granted9 April 20263363455
22 Hawes Avenue, Huddersfield, HD3 4DT

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.