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Notice upheld6 December 20233312921

Land and Property at 63 Burnley Road, Mytholmroyd, Hebden Bridge, West Yorkshire, HX7 5PD

Planning appeal 3312921 at Land and Property at 63 Burnley Road, Mytholmroyd, Hebden Bridge, West Yorkshire, HX7 5PD (Calderdale Metropolitan Borough Council) was dismissed on 6 December 2023 by Inspector Wraight G, by written representations. The main issue, as the Inspector framed it: Whether a breach of condition 4 (requiring the annexe to be occupied or used only in connection with and ancillary to the existing dwellinghouse and not to be severed and occupied as a separate independent unit) has occurred.

failure to comply with a condition imposed on planning permission ref 17/00494/HSE granted on 25 July 2017

Authority
Calderdale Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor retail and services
Inspector
Wraight G
Postcode
HX7 5PD

Main issues, as the Inspector framed them

  • Whether a breach of condition 4 (requiring the annexe to be occupied or used only in connection with and ancillary to the existing dwellinghouse and not to be severed and occupied as a separate independent unit) has occurred
  • Whether, if such a breach has occurred, it constitutes a breach of planning control

What decided it

The annexe, when let as commercial holiday accommodation to unconnected persons in a detached and fully self-contained building, is occupied as a separate independent unit in breach of condition 4, which requires it to be used only in connection with and ancillary to the dwellinghouse.

The decision letter

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More decisions in Calderdale

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

  1. Notice upheld24 July 20263374587
    Barsey Farm, Barkisland, Halifax, HX4 0BG
  2. Notice upheld27 April 20263339844
    Back Lane, Hebden Bridge, Ripponden, HX7 7PF
  3. Dismissed3 March 20263358833
    14 Higgin Chamber, Boulderclough, Luddendenfoot, Halifax, HX2 6JS
  4. Notice upheld5 February 20263361274
    60 Moor End Road, Halifax, HX2 0JD
  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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