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Planning appeal decision

Notice varied and upheld13 December 20223295290

LAND AND PROPERTY AT EGYPT FARM, GOMERSAL, CLECKHEATON, BD19 4EU

without the benefit of planning permission, the erection of a building

Authority
Kirklees Metropolitan Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Other minor developments
Inspector
Griffin E

Main issues, as the Inspector framed them

  • whether the development is inappropriate development in the Green Belt having regard to the National Planning Policy Framework (Framework)
  • the effect of the development on the openness of the Green Belt and its purposes
  • whether any harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The substantial weight given to Green Belt harm (inappropriateness and limited harm to openness) was not clearly outweighed by the other considerations advanced, so very special circumstances were not made out.

the substantial weight attached to Green Belt harm from inappropriate development and limited loss of openness was not clearly outweighed, individually or collectively, by the neutral or limited weight given to other considerations, so very special circumstances did not exist

Framework references: 149, 137

Plan policies cited: Policy LP54

Judgments cited: Athlone House Limited v SSCLG & Camden LBC{2015}

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.