1 Grimscar Avenue, Birkby, HUDDERSFIELD, HD2 2TY

Main issues, as the Inspector framed them

• Whether or not it has been demonstrated that there are no sequentially preferable sites on which the retail unit could be accommodated and the proposal's effect on the vitality and viability of the Birkby Local Centre
• The effect of the proposed development on the character and appearance of the surrounding area, including the setting of the nearby Birkby Conservation Area
• The effect of the proposed development on the living conditions of occupiers of 2 Bromley Road (outlook), 3 Grimscar Avenue (outlook and light), and 1 Grimscar Avenue (private amenity space)
• Whether the proposed development would provide a satisfactory standard of accommodation for its future occupiers, with particular regard to private amenity space
• Whether or not it has been demonstrated that the proposal would have an acceptable effect on highway safety, having regard to parking provision

What decided it

The appellant's failure to demonstrate compliance with the Sequential Test for retail development outside the defined local centre, combined with multiple harms to character, heritage setting, neighbour amenity, future occupier accommodation standards, and highway safety, with limited public benefits to justify these harms.

The limited public benefits of providing a new retail unit and flat did not outweigh the harm to the Conservation Area setting, character and appearance, living conditions of neighbouring occupiers, accommodation standards for future occupiers, and highway safety concerns.