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Planning appeal decision

Notice upheld13 October 20233311361

Land at TJ's Travel Ltd, Leeds Road, Lofthouse, Wakefield, WF3 3LR

the material change of use of land to a sui generis coach depot including ancillary offices, toilet and storage uses in converted storage containers; a portable office building; and cleaning/servicing facilities accommodated under a scaffold canopy structure and the erection of a fence and gates

Authority
Leeds City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Franks Z

Main issues, as the Inspector framed them

  • Whether the development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework 2023 (‘the Framework’) and any relevant development plan policies
  • The effect of the development on the openness of the Green Belt
  • The effect of the development on the living conditions of the residents nearby properties
  • Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The combined Green Belt harm (inappropriateness and openness) and harm to residents' living conditions was not clearly outweighed by the other considerations put forward, so very special circumstances did not exist.

the moderate weight given to economic benefits and limited mitigating effect of a landscaping scheme did not clearly outweigh the Green Belt harm and the harm to living conditions of nearby residents, so very special circumstances did not exist

Framework references: 147, 149

Plan policies cited: Policy N33, Policy GP5

Judgments cited: Burdle v Secretary of State for the Environment [1972] 1 WLR 1207

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.