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Planning appeal decision

Dismissed9 April 20243326615

315 Huddersfield Road, Halifax, Calderdale, HX3 0PG

Planning appeal 3326615 at 315 Huddersfield Road, Halifax, Calderdale, HX3 0PG (Calderdale Metropolitan Borough Council) was dismissed on 9 April 2024 by Inspector Kirby R, by written representations. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the area, including the Huddersfield Road East Conservation Area, with particular regard to the extraction flue.

retrospective change of use of café to a hot food take away and the erection of an extraction flue

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Kirby R
Postcode
HX3 0PG

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area, including the Huddersfield Road East Conservation Area, with particular regard to the extraction flue
  • the effect of the development on the living conditions of nearby occupiers with particular regard to noise and disturbance from the use and extraction system

What decided it

The combination of less than substantial but material harm to the conservation area from the extraction flue, which is not outweighed by limited public benefits, and the harm to living conditions of nearby occupiers from noise and disturbance caused by the extended operating hours of the takeaway use.

What the Inspector cited

Development plan policies
Policy BT1Policy HW6Policy HE1Policy EN1Policy EN3

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.