44 Jagger Lane, Emley Moor, HUDDERSFIELD, HD8 9SY

re-use of existing barn and new extension to form extension to dwelling and change of use of land to garden without complying with a condition attached to planning permission Ref 96/62/92816/E7, dated 13 September 1996

Authority: Kirklees Metropolitan Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Change of use
Inspector: Wraight G

Main issues, as the Inspector framed them

Whether the condition restricting permitted development rights is required to comply with local and national planning policies in relation to the protection of the Green Belt, and consequently whether the condition is reasonable and necessary

What decided it

The condition is necessary and reasonable to ensure compliance with Green Belt policy by preventing disproportionate extensions that would harm openness, notwithstanding that permitted development rights are not generally restricted for dwellings in the Green Belt.

Framework references: 54, 56, 137, 138, 149

Plan policies cited: Policy LP57

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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