®Planning appeal decision
Bar House Penistone Road, Hepworth, Holmfirth, HD9 2TR
Planning appeal 3317784 at Bar House Penistone Road, Hepworth, Holmfirth, HD9 2TR (Kirklees Metropolitan Council) was dismissed on 31 August 2023 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use or development was well founded, turning on whether the appellant proved on the balance of probability that the use of the land changed to purposes incidental to the enjoyment of the occupiers/owners of Bar House on or before 29 July 2012 and that the use then continued without significant interruption for 10 years after the date of the change.
purposes incidental to the enjoyment of the occupiers/owners of Bar House
- Authority
- Kirklees Metropolitan Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Phillips A
- Postcode
- HD9 2JG
Main issues, as the Inspector framed them
- Whether the Council's refusal to issue a certificate of lawful use or development was well founded, turning on whether the appellant proved on the balance of probability that the use of the land changed to purposes incidental to the enjoyment of the occupiers/owners of Bar House on or before 29 July 2012 and that the use then continued without significant interruption for 10 years after the date of the change
What decided it
The appellant's evidence, taken as a whole, lacked the detail and consistency required to prove on the balance of probability that the use of the land changed to purposes incidental to the enjoyment of Bar House on or before 29 July 2012 and continued without significant interruption for 10 years thereafter.
The decision letter
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With an account
What an account adds to this decision
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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.