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Dismissed14 May 20243320994

Fairleigh Farm, Penistone Road, Birds Edge, Huddersfield, West Yorks, HD8 8XW

Planning appeal 3320994 at Fairleigh Farm, Penistone Road, Birds Edge, Huddersfield, West Yorks, HD8 8XW (Kirklees Metropolitan Council) was dismissed on 14 May 2024 by Inspector Thompson F, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded.

use of farmyard for the additional storage, sale and distribution of aggregates and storage of HGVs

Authority
Kirklees Metropolitan Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
minerals-waste · Minor general industry/storage/warehousing
Inspector
Thompson F
Postcode
HD8 8XW

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded

What decided it

The use for which the certificate of lawful use was sought was in direct contravention of an enforcement notice that was in force at the time of the application, making it unlawful under section 191(2)(b) of the Town and Country Planning Act 1990.

The decision letter

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More decisions in Kirklees

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

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  2. Notice upheld25 June 20263368585
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  3. Notice upheld12 June 20263368547
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  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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