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Dismissed9 January 20243318114

Land at Rear of 140 Westbourne Road, Marsh, Huddersfield, West Yorkshire, HD1 4LF

Planning appeal 3318114 at Land at Rear of 140 Westbourne Road, Marsh, Huddersfield, West Yorkshire, HD1 4LF (Kirklees Metropolitan Council) was dismissed on 9 January 2024 by Inspector Brook S, by written representations. The main issue, as the Inspector framed it: the effect of the development upon the living conditions of occupiers of nearby residential properties, with specific regard to noise and disturbance, and lighting.

Retrospective full planning application for outdoor play and seating area associated with children's play gym and skating rink, including fencing, gates, portacabin, shipping container, artificial grass, activity toys, external lighting, picnic seating and parasols

Authority
Kirklees Metropolitan Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Brook S
Postcode
HD1 4LF

Main issues, as the Inspector framed them

  • the effect of the development upon the living conditions of occupiers of nearby residential properties, with specific regard to noise and disturbance, and lighting
  • the character and appearance of the area

What decided it

The absence of a Noise Impact Assessment demonstrating that the outdoor play area could operate whilst maintaining satisfactory living conditions for nearby residential occupiers, combined with the visual harm to character and appearance from the shipping container and portacabin.

What the Inspector cited

Development plan policies
LP16LP24LP52
National Planning Policy Framework
Paragraph 135Paragraph 191Paragraph 131

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Kirklees

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

  1. Allowed25 September 20266005670
    47 Huddersfield Road, Mirfield, WF14 8AE
  2. Dismissed15 September 20266010024
    15 Warwick Road, Kirklees, Batley, WF17 6BU
  3. Allowed6 February 20263359129
    Land at Cliff Hill, Denby Dale, West Yorkshire, HD8 8RZ
  4. Allowed30 January 20263369715
    Land off Huddersfield Road/Leeds Road, Birstall, Batley, WF17 9AA
  5. Dismissed26 January 20263373077
    42 Birmingham Lane, Meltham, Holmfirth, West Yorkshire, HD9 5LH

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.