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Planning appeal decision

Quashed On Legal Grounds15 April 20243326823

Chapel Cottage, High Street, Boston Spa , LS23 6AA

Planning appeal 3326823 at Chapel Cottage, High Street, Boston Spa , LS23 6AA (Leeds City Council) was decided (quashed on legal grounds) on 15 April 2024 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: Whether the boundary wall was within the curtilage of Spa Lane Methodist Church and therefore part of the listed building.

Removal of a section of the curtilage listed stone boundary wall without Listed Building Consent

Authority
Leeds City Council
Appeal type
enforcement · Appeal against Enforcement Listed Building Notice/Enforcement Conservation Area Notice
Procedure
Written Representations
Development
other · Not Applicable
Inspector
Boffin D
Postcode
LS23 6AA

Main issues, as the Inspector framed them

  • Whether the boundary wall was within the curtilage of Spa Lane Methodist Church and therefore part of the listed building

What decided it

The boundary wall was not within the curtilage of Spa Lane Methodist Church because it was visually and physically separated from the church/graveyard and functioned as ancillary to the residential use of Chapel Cottage rather than the ecclesiastical use of the church.

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.

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