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Planning appeal decision

Notice varied and upheld23 April 20243317030

75 Cemetery Road, Heckmondwike, WF16 9EG

Planning appeal 3317030 at 75 Cemetery Road, Heckmondwike, WF16 9EG (Kirklees Metropolitan Council) was allowed in part (a split decision) on 23 April 2024 by Inspector Thompson F, by written representations. The main issue, as the Inspector framed it: Whether the material change of use from ancillary car park to general storage has occurred and constitutes a breach of planning control.

without the benefit of planning permission, the material change of use from a former ancillary car park to general storage and the erection of a fence adjacent to a highway

Authority
Kirklees Metropolitan Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Thompson F
Postcode
WF16 9EG

Main issues, as the Inspector framed them

  • Whether the material change of use from ancillary car park to general storage has occurred and constitutes a breach of planning control
  • Whether the erection of a fence over 1m in height adjacent to a highway constitutes a breach of planning control
  • Whether the requirements of the enforcement notice exceed what is necessary to achieve its purpose

What decided it

The appellant failed to demonstrate that the general storage use had not occurred or that it did not constitute a breach of planning control, and the fence exceeds permitted development limitations by being over 1m in height and adjacent to a highway.

The decision letter

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More decisions in Kirklees

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld16 July 20263300501
    31 Hare Park Avenue, Hightown, Liversedge, WF15 8DN
  2. Notice upheld25 June 20263368585
    86a Sheepridge, Huddersfield, HD2 1HG
  3. Notice upheld12 June 20263368547
    4 Rydal Grove, Roberttown, Liversedge, WF15 7DN
  4. Notice varied and upheld13 April 20263364924
    26 Crosland Edge, Meltham, Holmfirth, HD9 5RS
  5. Planning permission granted9 April 20263363455
    22 Hawes Avenue, Huddersfield, HD3 4DT

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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