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Planning appeal decision

Dismissed13 December 20233320059

Land adj 2A Haigh House Hill, Lindley Moor, Huddersfield, West yorkshire, HD3 3SZ

Authority
Kirklees Metropolitan Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hughes L

Main issues, as the Inspector framed them

  • whether the proposed development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (2023) and any relevant development plan policies
  • the effect on the character and appearance of the area, with particular regard to the setting of the adjacent listed building
  • whether there would be acceptable living conditions for the future occupiers, with particular regard to garden space
  • the effect on highway safety, with particular regard to parking provision
  • 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 necessary to justify the proposal

What decided it

The proposal would be inappropriate development in the Green Belt causing significant harm to openness, and no very special circumstances were demonstrated to clearly outweigh the totality of harm identified including less than substantial harm to the listed building setting and unacceptable living conditions.

The substantial weight given to harm to the Green Belt and the great weight given to less than substantial harm to the listed building setting were not outweighed by the minor cumulative public benefits from a single dwelling and local housing supply exceeding 5 years, resulting in dismissal.

Framework references: 137, 138, 147, 149, 199, 202, 130

Plan policies cited: LP24, LP35, LP21, LP22, Housebuilders Design Guide SPD Principle 2, Housebuilders Design Guide SPD Principle 14, Housebuilders Design Guide SPD Principle 17, Housebuilders Design Guide SPD Principle 12

Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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.