Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Allowed20 July 20223289729

Land At St Lukes, Bierley Marsh, East Bierley , BD4 6PL

Planning appeal 3289729 at Land At St Lukes, Bierley Marsh, East Bierley , BD4 6PL (Kirklees Metropolitan Council) was allowed on 20 July 2022 by Inspector Wilkinson F, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area.

Erection of 5 dwellings in two blocks – one 4 terraced houses, one single bungalow type house

Authority
Kirklees Metropolitan Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Wilkinson F

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area
  • whether the loss of open space is outweighed by other considerations

What decided it

The material consideration that the site has not and does not provide an open space, sport or recreation function as an allotment, despite its classification in the development plan, was of sufficient weight to outweigh the conflict with Policy LP61.

The conflict with Policy LP61 regarding loss of open space was outweighed by the material consideration that the site has not functioned as an allotment and the acceptability of the scheme in all other respects.

What the Inspector cited

Development plan policies
Policy LP24Policy LP61Policy LP30Policy LP21Policy LP22
National Planning Policy Framework
Paragraph 12

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

33 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Kirklees

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

  1. Allowed19 October 20266013056
    8A Grove Terrace, Birkenshaw, Bradford, BD11 2LY
  2. Allowed25 September 20266005670
    47 Huddersfield Road, Mirfield, WF14 8AE
  3. Allowed16 September 20266012370
    33 Stainecross Avenue, Huddersfield, HD4 5HZ
  4. Allowed3 September 20266012527
    1 Charnwood Bank, White Lee, Batley, WF17 8PY
  5. Allowed6 February 20263359129
    Land at Cliff Hill, Denby Dale, West Yorkshire, HD8 8RZ

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.