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Dismissed26 January 20243328452

Old Water Tower, Quarry Lane off Spring Lane, Scarcroft, Leeds, LS4 3HZ

Planning appeal 3328452 at Old Water Tower, Quarry Lane off Spring Lane, Scarcroft, Leeds, LS4 3HZ (Leeds City Council) was dismissed on 26 January 2024 by Inspector Hunter A, by written representations. The main issue, as the Inspector framed it: Biodiversity net gain (BNG).

a change of use of land from a sui generis use associated with demolished water tower to residential for the construction of one new dwellinghouse (Use Class C3), with associated access, driveway and landscaping works

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hunter A
Postcode
LS4 3HZ

Main issues, as the Inspector framed them

  • Biodiversity net gain (BNG)
  • The effect of the proposal on trees
  • The effect of the proposal upon the living conditions of the occupiers of No. 43 Bracken Park, with particular regard to outlook
  • Whether there would be satisfactory living conditions for future occupiers of the proposed dwelling, with particular regard to the proximity of trees

What decided it

The proposal would harm the long-term health of a protected oak tree (T023) and would not achieve biodiversity net gain, resulting in conflict with the development plan taken as a whole.

What the Inspector cited

Development plan policies
Policy G9 of the Leeds Core Strategy (Selective Review 2019)Policy P10 of the Leeds Core StrategyPolicy P12 of the Leeds Core StrategyPolicy LD1 of the Leeds Unitary Development Plan (Review 2006)Policy GP5 of the Leeds Unitary Development Plan (Review 2006)Policy BD5 of the Leeds Unitary Development Plan (Review 2006)Policy LAND2 of the Natural Resources and Waste Development Plan Document (November 2010)
National Planning Policy Framework
Paragraph 186Paragraph 135

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 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.