Land to west of Halcyon House Lower Lane, Gomersal, CLECKHEATON, BD19 4HY

Without the benefit of planning permission, the material change of use of the land to residential; and the formation of a raised platform to facilitate the residential use

Authority: Kirklees Metropolitan Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Madge M

Main issues, as the Inspector framed them

Whether the alleged breach of planning control (material change of use to domestic use facilitated by formation of a raised platform) has occurred as a matter of fact
Whether the domestic use of the land facilitated by the formation of a raised platform constitutes a material change of use

What decided it

The land's domestic use was ancillary and incidental to residential occupation of The Cottage from 1978, and its transfer to Halcyon House did not materially change the character of that domestic use, therefore no material change of use occurred.

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