Land and Property at 2 Barr Street and 333 Leeds Road, HUDDERSFIELD, HD1 6PB (No 2) and HD2 1YB, HD1 6PB

without the benefit of planning permission, the material change of use from retail to a mixed use retail, hot food takeaway and restaurant; and the construction of external ventilation extraction flue and external metal staircase to facilitate the use

Authority: Kirklees Metropolitan Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: retail · Major retail and services
Inspector: Thompson F

Main issues, as the Inspector framed them

Whether the matters alleged in the enforcement notice constitute a breach of planning control

What decided it

The takeaway element, representing 32% of combined business takings, could not be considered ancillary to the restaurant use, and the mixed use resulted in a material change in the character of the site from the pre-existing retail use.

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