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Planning appeal decision

Dismissed26 January 20243328452

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

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

Authority
Leeds City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hunter A

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.

Framework references: 186, 135

Plan policies cited: Policy G9 of the Leeds Core Strategy (Selective Review 2019), Policy P10 of the Leeds Core Strategy, Policy P12 of the Leeds Core Strategy, Policy 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)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.