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Notice varied and upheld13 December 20223295290

Land and Property at Egypt Farm, Gomersal, Cleckheaton, BD19 4EU

Planning appeal 3295290 at Land and Property at Egypt Farm, Gomersal, Cleckheaton, BD19 4EU (Kirklees Metropolitan Council) was allowed in part (a split decision) on 13 December 2022 by Inspector Griffin E, following a hearing. The main issue, as the Inspector framed it: whether the development is inappropriate development in the Green Belt having regard to the National Planning Policy Framework (Framework).

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
Postcode
BD19 4EU

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

What the Inspector cited

Development plan policies
Policy LP54
National Planning Policy Framework
Paragraph 149Paragraph 137
Judgments
Athlone House Limited v SSCLG & Camden LBC{2015}

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

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More decisions in Kirklees

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

  1. Dismissed30 September 20266006003
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  2. Notice upheld16 July 20263300501
    31 Hare Park Avenue, Hightown, Liversedge, WF15 8DN
  3. Dismissed6 July 20266004239
    Stonecourt, Oldfield Road, Holmfirth, HD9 6NL
  4. Notice upheld25 June 20263368585
    86a Sheepridge, Huddersfield, HD2 1HG
  5. Notice upheld12 June 20263368547
    4 Rydal Grove, Roberttown, Liversedge, WF15 7DN

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.