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Planning appeal decision

Notice upheld27 November 20233323189

The Mistle, Firth House Barn, Halifax, HX4 0EL

Planning appeal 3323189 at The Mistle, Firth House Barn, Halifax, HX4 0EL (Calderdale Metropolitan Borough Council) was dismissed on 27 November 2023 by Inspector Wraight G, by written representations. The main issue, as the Inspector framed it: Whether the period for compliance specified in the enforcement notice (three months) falls short of what should reasonably be allowed.

Without planning permission, the construction of a detached stone building on the Land comprised of a garage with annexe joined to the north side of the building on ground floor level and office on the first floor (in the approximate position indicated on the attached plan marked Plan ENF1 and as seen in the digital photographs attached to this Notice at Appendix 3)

Authority
Calderdale Metropolitan Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Wraight G
Postcode
HX4 0EL

Main issues, as the Inspector framed them

  • Whether the period for compliance specified in the enforcement notice (three months) falls short of what should reasonably be allowed

What decided it

The limited evidence of contractor non-availability and the appellant's substantial prior opportunity to arrange demolition meant the three-month compliance period was reasonable.

The decision letter

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More decisions in Calderdale

The authority’s record since 2016 · every decision in 2023

  1. Notice upheld24 July 20263374587
    Barsey Farm, Barkisland, Halifax, HX4 0BG
  2. Notice upheld27 April 20263339844
    Back Lane, Hebden Bridge, Ripponden, HX7 7PF
  3. Dismissed3 March 20263358833
    14 Higgin Chamber, Boulderclough, Luddendenfoot, Halifax, HX2 6JS
  4. Notice upheld5 February 20263361274
    60 Moor End Road, Halifax, HX2 0JD
  5. Quashed On Legal Grounds29 January 20263361796
    Land North East of Lower Hartley Farm, Jumps Lane, Todmorden, OL14 8DG

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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