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Dismissed25 June 20243331712

3 White Horse Gardens, Batley, West Yorks, WF17 0NJ

Planning appeal 3331712 at 3 White Horse Gardens, Batley, West Yorks, WF17 0NJ (Kirklees Metropolitan Council) was dismissed on 25 June 2024 by Inspector Hughes L, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the living conditions of neighbouring occupiers, with respect to noise and odour.

a change of use from garage into catering preparation kitchen

Authority
Kirklees Metropolitan Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Other minor developments
Inspector
Hughes L
Postcode
WF17 0NJ

Main issues, as the Inspector framed them

  • The effect of the proposed development on the living conditions of neighbouring occupiers, with respect to noise and odour

What decided it

The absence of adequate mitigation measures (noise baseline data and ventilation system details) to address the potential harm to neighbouring living conditions from noise and odours, which cannot be remedied through conditions.

What the Inspector cited

Development plan policies
LP24LP51LP52
National Planning Policy Framework
Paragraph 56Paragraph 135Paragraph 180Paragraph 191

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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More decisions in Kirklees

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

  1. Allowed25 September 20266005670
    47 Huddersfield Road, Mirfield, WF14 8AE
  2. Dismissed15 September 20266010024
    15 Warwick Road, Kirklees, Batley, WF17 6BU
  3. Allowed6 February 20263359129
    Land at Cliff Hill, Denby Dale, West Yorkshire, HD8 8RZ
  4. Allowed30 January 20263369715
    Land off Huddersfield Road/Leeds Road, Birstall, Batley, WF17 9AA
  5. Dismissed26 January 20263373077
    42 Birmingham Lane, Meltham, Holmfirth, West Yorkshire, HD9 5LH

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.