®Planning appeal decision
1 Jagger Green Hall, Holywell Green, HALIFAX, HX4 9DE
demolition of existing buildings and construction of replacement barn to include three new dwellings including the creation of associated gardens, garden walls and vehicular parking/garages. (Amended description and plans) without complying with a condition attached to planning permission Ref 20/00645/FUL, dated 13 April 2022
- Authority
- Calderdale Metropolitan Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Kirby R
Main issues, as the Inspector framed them
- whether the disputed condition is reasonable and necessary to preserve the nearby listed building, its setting or any features of special architectural or historic interest which it possesses
- whether an application under section 73 is the appropriate mechanism to secure planning permission in this case
What decided it
An application under section 73 cannot be used to obtain permission for a single garage when the original permission description refers to 'garages' in plural, as this would conflict with the operative part of the original planning permission and is beyond the scope of section 73.
Plan policies cited: Policy BE1, Policy BE18, Policy HE1 of the Calderdale Local Plan 2018/19 – 2032/33
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.