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Planning appeal decision

Notice upheld31 January 20243322719

Land South of Primrose Lane , Mirfield , West Yorkshire , WF14 0DN

Planning appeal 3322719 at Land South of Primrose Lane , Mirfield , West Yorkshire , WF14 0DN (Kirklees Metropolitan Council) was dismissed on 31 January 2024 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged constitute a breach of planning control (ground c).

without the benefit of planning permission, the material change of use of the site to storage (including but not limited to, shipping containers, wooden palettes, processed logs, plastic containers, water pipes, building materials and lorry backs) alongside the erection of a metal clad building, engineering operations to raise land levels and installation of a retaining wall to facilitate the storage use

Authority
Kirklees Metropolitan Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Hartley D
Postcode
WF14 0DN

Main issues, as the Inspector framed them

  • Whether the matters alleged constitute a breach of planning control (ground c)
  • Whether at the date the notice was issued, enforcement action could be taken (ground d)
  • Whether the compliance period of 60 days is reasonable (ground g)

What decided it

The appellants failed to demonstrate that the material change of use to storage had been carried out continuously for ten years, and the evidence showed the change of use occurred within the last few years, therefore the enforcement notice was upheld.

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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