Planning appeal decision
44 Jagger Lane, Emley Moor, Huddersfield, HD8 9SY
Planning appeal 3291623 at 44 Jagger Lane, Emley Moor, Huddersfield, HD8 9SY (Kirklees Metropolitan Council) was dismissed on 17 June 2022 by Inspector Wraight G, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- HD8 9SY
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.
What the Inspector cited
- Development plan policies
- Policy LP57
- National Planning Policy Framework
- Paragraph 54Paragraph 56Paragraph 137Paragraph 138Paragraph 149
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 appliedThe 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.
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