Planning appeal decision
The Coach House, Fairfields Road, Holmbridge, HOLMFIRTH, HD9 2NP
1) the erection and completion of a detached garden store and garden building and 2) the material change in the use of the ground floor of the building to an independent dwellinghouse at ground floor level, and associated garden curtilage land
- Authority
- Kirklees Metropolitan Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Kean G
Main issues, as the Inspector framed them
- Whether the erection and completion of a detached garden store and garden building, constructed in breach of the approved 2000 permission, is immune from enforcement action and therefore lawful
- Whether the material change in use of the ground floor of the building to an independent dwellinghouse is immune from enforcement action and therefore lawful
What decided it
The lack of Council Tax registration, absence of separate utilities, no separate postal address, and the functional dependence on the main dwelling for services collectively demonstrated that the ground floor was not occupied as a genuinely separate and independent dwellinghouse, but rather as ancillary residential accommodation within a single planning unit.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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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