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Planning appeal decision

Notice upheld13 March 20233303440

1 Park Road, Halifax, HX1 2TU

Planning appeal 3303440 at 1 Park Road, Halifax, HX1 2TU (Calderdale Metropolitan Borough Council) was dismissed on 13 March 2023 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: The effect that the non-compliance with Conditions 2 and 3 of Planning Permission 18/00400/FUL, and Condition 2 of Planning Permission 19/01313/FUL, have had on the living conditions of the occupants of the adjacent dwelling at No.3, with particular reference to loss of privacy and noise and disturbance.

Retention of 3 mansard windows at third floor level on north elevation without compliance with conditions requiring non-opening, acoustic double glazed windows glazed in obscure glass level 5 obscurity

Authority
Calderdale Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Wharton T
Postcode
HX1 2TU

Main issues, as the Inspector framed them

  • The effect that the non-compliance with Conditions 2 and 3 of Planning Permission 18/00400/FUL, and Condition 2 of Planning Permission 19/01313/FUL, have had on the living conditions of the occupants of the adjacent dwelling at No.3, with particular reference to loss of privacy and noise and disturbance

What decided it

The unacceptable loss of privacy and serious noise and disturbance implications caused by the non-opening condition not being complied with meant that planning permission could not be granted for the windows as installed.

What the Inspector cited

Development plan policies
BE1BE2EP8
National Planning Policy Framework
Paragraph 59

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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More decisions in Calderdale

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

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  5. Dismissed3 March 20263358833
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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.

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.