Land South of 6 Dean Fold, Kirkburton, Huddersfield, HD8 0QD

Main issues, as the Inspector framed them

• the effect of the proposed development on trees and protected woodland with particular regard to whether the development would preserve or enhance the character or appearance of the Highburton Conservation Area (HCA)
• whether the proposed development would provide acceptable living conditions for its future occupiers
• the effect of the development on biodiversity
• the effect of the development on highway safety

What decided it

The less than substantial harm to the Highburton Conservation Area through loss of protected trees and woodland, combined with inadequate biodiversity survey information and unacceptable living conditions for future occupiers, outweighed the limited public benefits of a single dwelling in an area with housing land supply shortfall.

The less than substantial harm to the Highburton Conservation Area and the limited public benefits of the scheme (one dwelling, minor housing contribution, small economic and community benefits, and uncertain biodiversity benefits) were weighed against the presumption in favour of sustainable development triggered by the Council's inability to demonstrate a five-year housing land supply; the harm to the heritage asset provided a clear reason for refusal and the presumption did not apply.