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Planning appeal decision

Notice upheld17 August 20233308575

Land and Property at Waverley House, Waverley Road, Huddersfield, HD1 5NA

Planning appeal 3308575 at Land and Property at Waverley House, Waverley Road, Huddersfield, HD1 5NA (Kirklees Metropolitan Council) was dismissed on 17 August 2023 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the alleged development has occurred as a matter of fact.

Without the benefit of planning permission, the formation of hard-surface to the west of the building on the site

Authority
Kirklees Metropolitan Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Merrett R
Postcode
HD1 5NA

Main issues, as the Inspector framed them

  • Whether the alleged development has occurred as a matter of fact
  • Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990
  • Whether the steps required by the notice exceed what is necessary to achieve the purpose

What decided it

The crushed stone and sand surface is of sufficient composition to support a car parking function and therefore constitutes a hard surface, meaning the alleged development has occurred as a matter of fact and the enforcement notice was properly issued.

The decision letter

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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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