Land off Rowgate / Heater Lane, Upper Cumberworth, HD8 8XJ

Planning appeal 3291990 at Land off Rowgate / Heater Lane, Upper Cumberworth, HD8 8XJ (Kirklees Metropolitan Council) was dismissed on 23 August 2022 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt having regard to the revised National Planning Policy Framework and any relevant development plan policies.

‘Outline planning application with all matters reserved for the erection of 2 no. dwellings with associated works to include landscaping’

Authority: Kirklees Metropolitan Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Hitchcock R
Postcode: HD8 8XJ

Main issues, as the Inspector framed them

whether the proposal would be inappropriate development in the Green Belt having regard to the revised National Planning Policy Framework and any relevant development plan policies
whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The proposed dwellings would have a greater impact on the visual openness of the Green Belt than the existing lawful storage use, failing to meet the test in NPPF paragraph 149g) and constituting inappropriate development for which very special circumstances have not been demonstrated.

What the Inspector cited

Development plan policies: Policy LP59Policy LP7
National Planning Policy Framework: Paragraph 149Paragraph 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.

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The decision letter

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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.