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Planning appeal decision

Allowed17 December 20213282789

143 Manor Park Avenue, Allerton Bywater, Castleford, WF10 2DN

Planning appeal 3282789 at 143 Manor Park Avenue, Allerton Bywater, Castleford, WF10 2DN (Leeds City Council) was allowed on 17 December 2021 by Inspector Hunt S, by written representations. The main issue, as the Inspector framed it: The effects of the proposed development on the living conditions of neighbouring occupiers, with particular reference to smoke and odours.

the installation of a chimney/flue outlet to existing outbuilding

Authority
Leeds City Council
Appeal type
householder · Householder (HAS)
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hunt S
Postcode
WF10 2DN

Main issues, as the Inspector framed them

  • The effects of the proposed development on the living conditions of neighbouring occupiers, with particular reference to smoke and odours

What decided it

The absence of technical evidence to substantiate concerns about smoke and odours, combined with the realistic fallback position of permitted development, led the Inspector to conclude that the development would not result in unacceptable harm to neighbouring living conditions.

The modest visual impact and functional benefits of the installation, weighed against unsubstantiated concerns about smoke and odours from neighbours, tipped in favour of allowing the appeal.

What the Inspector cited

Development plan policies
Leeds Unitary Development Plan (Review 2006) saved Policy GP5
National Planning Policy Framework
Paragraph 130Paragraph 188Paragraph 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 applied

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.

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.