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Planning appeal decision

Dismissed26 October 20213278523

Law Slack Farm, Penistone Road, Hepworth, Holmfirth, HD9 2TR

Planning appeal 3278523 at Law Slack Farm, Penistone Road, Hepworth, Holmfirth, HD9 2TR (Kirklees Metropolitan Council) was dismissed on 26 October 2021 by Inspector Wilkinson F, by written representations. The main issue, as the Inspector framed it: whether the proposed development would be inappropriate development in the Green Belt having regard to relevant development plan policies and the Framework.

the “demolition of existing dwelling and reinstatement of grassland and erection of replacement dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Wilkinson F
Postcode
HD9 2TR

Main issues, as the Inspector framed them

  • whether the proposed development would be inappropriate development in the Green Belt having regard to relevant development plan policies and the Framework
  • the effect of the proposed development on the openness of the Green Belt and the purposes of including land within it
  • if the proposed development is inappropriate development, whether harm by reason of inappropriateness and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the proposal

What decided it

The substantial harm to the Green Belt by reason of inappropriateness and loss of openness was not clearly outweighed by other considerations, and very special circumstances did not exist to justify the development.

The substantial harm to the Green Belt by reason of inappropriateness and loss of openness was not clearly outweighed by the other considerations including highway safety benefits, design improvements, and energy efficiency measures.

What the Inspector cited

Development plan policies
Policy LP57
National Planning Policy Framework
Paragraph 147Paragraph 149

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

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.