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Planning appeal decision

Quashed On Legal Grounds10 April 20253335899

Land to West of Halcyon House Lower Lane, Gomersal, Cleckheaton, BD19 4HY

Planning appeal 3335899 at Land to West of Halcyon House Lower Lane, Gomersal, Cleckheaton, BD19 4HY (Kirklees Metropolitan Council) was decided (quashed on legal grounds) on 10 April 2025 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
BD19 4HY

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.

The decision letter

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More decisions in Kirklees

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

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  4. Notice varied and upheld13 April 20263364924
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  5. Planning permission granted9 April 20263363455
    22 Hawes Avenue, Huddersfield, HD3 4DT

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.

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