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Planning appeal decision

Dismissed17 March 20233302731

2 Grove Terrace, Brighouse, HD6 2RF

Planning appeal 3302731 at 2 Grove Terrace, Brighouse, HD6 2RF (Calderdale Metropolitan Borough Council) was dismissed on 17 March 2023 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: Whether the appellant has demonstrated, on the balance of probability, that at the time of the LDC application the access and the use of the land for parking a car was lawful, requiring a continuous use over a 10 year period.

The creation of a vehicular access and use of the land for parking a car

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Wharton T
Postcode
HO6 2RF

Main issues, as the Inspector framed them

  • Whether the appellant has demonstrated, on the balance of probability, that at the time of the LDC application the access and the use of the land for parking a car was lawful, requiring a continuous use over a 10 year period

What decided it

The appellant failed to provide precise and unambiguous evidence of continuous 10-year use of the access and parking area, and the current scheme represents a recent alteration that supersedes any earlier arrangement.

The decision letter

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The authority’s record since 2016 · every decision in 2023

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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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