Planning appeal decision
Street Record, Access To 48-48A Lidget Street, Lindley, Huddersfield, HD3 3JR
Planning appeal 3275470 at Street Record, Access To 48-48A Lidget Street, Lindley, Huddersfield, HD3 3JR (Kirklees Metropolitan Council) was allowed on 3 September 2021 by Inspector Wraight G, by written representations. The main issue, as the Inspector framed it: The effect that removal of the hours condition would have on the living conditions of the occupiers of 50 Lidget Street, with particular reference to noise and disturbance.
Change of use from ground floor beauty salon and first floor residential flat to a mixed use of tanning/beauty salon and retail
- Authority
- Kirklees Metropolitan Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- retail · Change of use
- Inspector
- Wraight G
- Postcode
- HD3 3JR
Main issues, as the Inspector framed them
- The effect that removal of the hours condition would have on the living conditions of the occupiers of 50 Lidget Street, with particular reference to noise and disturbance
What decided it
The condition was unreasonably restrictive in preventing Monday opening during daytime hours without justification, but complete removal would cause potential harm to neighbouring living conditions through noise and disturbance.
The protection of neighbouring living conditions from noise and disturbance was balanced against the reasonableness of the hours restriction, resulting in a varied condition permitting Monday opening during daytime hours.
What the Inspector cited
- Development plan policies
- LP24LP52
- National Planning Policy Framework
- Paragraph 56
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 appliedThe decision letter
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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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