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Dismissed29 May 20243330335

1 Jagger Green Hall, Holywell Green, Halifax, HX4 9DE

Planning appeal 3330335 at 1 Jagger Green Hall, Holywell Green, Halifax, HX4 9DE (Calderdale Metropolitan Borough Council) was dismissed on 29 May 2024 by Inspector Kirby R, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
HX4 9DE

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.

What the Inspector cited

Development plan policies
Policy BE1Policy BE18Policy HE1 of the Calderdale Local Plan 2018/19 – 2032/33

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.

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The decision letter

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More decisions in Calderdale

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

  1. Dismissed26 October 20266012560
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  2. Allowed23 October 20266011566
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  4. Dismissed16 October 20266012287
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  5. Allowed12 October 20266009576
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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.