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Allowed26 October 20213276958

7-8 Park Gate, Skelmanthorpe, Huddersfield, HD8 9BB

Planning appeal 3276958 at 7-8 Park Gate, Skelmanthorpe, Huddersfield, HD8 9BB (Kirklees Metropolitan Council) was allowed on 26 October 2021 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded.

described as - “The land to the rear of the dwelling at 7-8 Park Gate, which has been in domestic garden use in excess of 10 years and forms part of the residential curtilage of the property

Authority
Kirklees Metropolitan Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Moore D
Postcode
HD8 9BB

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded

What decided it

The totality of the appellant's evidence, including significant weight afforded to aerial photographs with embedded dates and considerable weight to the sworn statutory declaration, demonstrated on the balance of probability that a material change of use to residential use had occurred and subsisted for the requisite ten-year period.

The 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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