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Dismissed22 May 20253331703

Land East of Thistle Hill Drive, Whinney Lane, Wakefield, West Yorkshire, WF7 6GA

Planning appeal 3331703 at Land East of Thistle Hill Drive, Whinney Lane, Wakefield, West Yorkshire, WF7 6GA (Wakefield Metropolitan District Council) was dismissed on 22 May 2025 by Inspector Dowsett J, by written representations. The main issue, as the Inspector framed it: Whether there was a valid planning application before the Council.

Hybrid planning application comprising: Full application: Remediation of land including stabilising the old mine workings by excavation of the coal and fireclay and back filling in layers for compaction, treating four old mine shafts, capping off the colliery spoil with engineered backfill and the provision of inert earth at the surface as a capping layer for the future development of the site. Outline application: Construction of 92 residential dwellings

Authority
Wakefield Metropolitan District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Dowsett J
Postcode
WF7 6GA

Main issues, as the Inspector framed them

  • Whether there was a valid planning application before the Council
  • Whether the appeal site is a suitable location for new residential development having regard to the provisions of the development plan
  • The effect of the proposed development on the living conditions on the occupiers of nearby residential properties, with particular regard to noise and dust
  • Whether the proposed development would provide suitable living conditions for the future occupiers with particular regard to noise

What decided it

The site is safeguarded land not required for development during the plan period, and the mineral extraction would cause unacceptable noise harm to nearby residents, together conflicting with the development plan with no material considerations of sufficient weight to justify permission.

The modest benefits of housing supply, affordable housing, economic benefits from employment and construction, and potential use of extracted minerals did not outweigh the fundamental conflict with the development plan in terms of location on safeguarded land and the unacceptable noise impacts on existing residents.

What the Inspector cited

Development plan policies
Policy SP2Policy SP3Policy SP4Policy SP5Policy SP19Policy LP41Policy LP37Policy LP54Policy LP56
National Planning Policy Framework
Paragraph 11Paragraph 149
Judgments
The London Borough of Camden v A.D.C. Estates Limited (1990) WL 755127, (1991) 61 P.&C.R. 48; R (on the application of Morris Homes (North) Ltd.) v Bolton Council & Ors [2025] EWHC 657 (Admin)

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 Wakefield Metropolitan District Council

The authority’s record since 2016 · every decision in 2025

  1. Allowed14 September 20266006811
    Hall Croft House, Castleford Road, Normanton, WF6 2DN
  2. Notice varied and upheld24 August 20263361281
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  3. Allowed10 July 20266006858
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  4. Allowed2 July 20263368025
    Land South of Wakefield B Substation, And East of Neil Fox Way, Wakefield, WF1 5DB
  5. Dismissed29 May 20266003771
    Newgate House, Newgate, Pontefract, WF8 1NB

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.