Land Off Old Bank Road, Mirfield, West Yorkshire Wf Hx

Planning appeal 3282541 at Land Off Old Bank Road, Mirfield, West Yorkshire Wf Hx (Kirklees Metropolitan Council) was dismissed on 22 September 2022 by Inspector Hitchcock R, following a hearing. The main issue, as the Inspector framed it: whether or not the extent of land and groundwater contamination has been adequately assessed to demonstrate that the site can be safely developed for housing.

‘an outline application for a residential development to the site north of Old Bank Road, Mirfield. As part of the application we will seek to demolish 2no. dwellings to Old Bank Road, to allow a proposed access road to the site’

Authority: Kirklees Metropolitan Council
Appeal type: minor · Planning Appeal
Procedure: Hearing
Development: residential · Minor Dwellings
Inspector: Hitchcock R
Postcode: WF14 0HX

Main issues, as the Inspector framed them

whether or not the extent of land and groundwater contamination has been adequately assessed to demonstrate that the site can be safely developed for housing

What decided it

the failure to adequately assess and establish a baseline for land and groundwater contamination, meaning the site's safe development could not be demonstrated

the benefits of housing delivery and affordable housing did not outweigh the potential harm from inadequately assessed contamination and stability risks, and the proposal conflicted with the development plan as a whole

What the Inspector cited

Development plan policies: Policy LP53
National Planning Policy Framework: Paragraph 174Paragraph 183

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.

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The decision letter

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More decisions in Kirklees

The authority’s record since 2016 · every decision in 2022

Allowed25 September 20266005670
47 Huddersfield Road, Mirfield, WF14 8AE
Dismissed15 September 20266010024
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Allowed30 January 20263369715
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Dismissed26 January 20263373077
42 Birmingham Lane, Meltham, Holmfirth, West Yorkshire, HD9 5LH

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.