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Planning appeal decision

Allowed22 March 20223285518

Land at Owl Lane, John Ormsby V C Way, Shaw Cross, Dewsbury , WF12 7RQ

Planning appeal 3285518 at Land at Owl Lane, John Ormsby V C Way, Shaw Cross, Dewsbury , WF12 7RQ (Kirklees Metropolitan Council) was allowed on 22 March 2022 by Inspector Martinson P, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on public health.

described on the application form as: ‘erection of a freestanding restaurant with drive-thru facility, car parking, landscaping, play frame, including Customer Order Displays (COD) and associated works

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Martinson P
Postcode
WF12 7RQ

Main issues, as the Inspector framed them

  • The effect of the proposal on public health

What decided it

The absence of convincing evidence that the proposal would represent a clear conflict with Policy LP47's aim to create an environment supporting healthy, active and safe communities, given that health levels in the vicinity were only slightly lower than average for the District and no specific local factors demonstrated unacceptability.

What the Inspector cited

Development plan policies
Policy LP47Policy LP20
National Planning Policy Framework
Paragraph 92Paragraph 174

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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More decisions in Kirklees

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

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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.