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Planning appeal decision

Notice upheld23 March 20233306754

Hollins Mill , Rochdale Road, Todmorden, OL14 6SA

Planning appeal 3306754 at Hollins Mill , Rochdale Road, Todmorden, OL14 6SA (Calderdale Metropolitan Borough Council) was dismissed on 23 March 2023 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: Whether the demolition of the top section of Saw Tooth wall was urgently necessary in the interests of safety or health under section 39(1)(d) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Demolition of the top section of Saw Tooth wall forming the eastern boundary of the curtilage of the listed building

Authority
Calderdale Metropolitan Borough Council
Appeal type
enforcement · Appeal against Enforcement Listed Building Notice/Enforcement Conservation Area Notice
Procedure
Written Representations
Development
other · Other Major Developments
Inspector
Wharton T
Postcode
OL14 6SA

Main issues, as the Inspector framed them

  • Whether the demolition of the top section of Saw Tooth wall was urgently necessary in the interests of safety or health under section 39(1)(d) of the Planning (Listed Buildings and Conservation Areas) Act 1990

What decided it

The appellant failed to demonstrate that all three statutory tests under section 39(1)(d) of the PLBCAA were met, particularly the absence of evidence of urgent necessity for safety or health and the failure to consider repair or temporary support as alternatives to demolition.

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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  3. Dismissed3 March 20263358833
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  4. Notice upheld5 February 20263361274
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  5. Quashed On Legal Grounds29 January 20263361796
    Land North East of Lower Hartley Farm, Jumps Lane, Todmorden, OL14 8DG

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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