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Dismissed4 September 20243343096

82 Womersley Road, Knottingley, West Yorkshire, WF11 0DL

Planning appeal 3343096 at 82 Womersley Road, Knottingley, West Yorkshire, WF11 0DL (Wakefield Metropolitan District Council) was dismissed on 4 September 2024 by Inspector Hainsworth D, by written representations. The main issue, as the Inspector framed it: Whether the excavation of foundation trenches constitutes operational development and material operation comprised in the planning permission, having regard to sections 55 and 56 of the Town and Country Planning Act 1990.

Construction of a single detached 2-storey dwelling on open parcel of land located between nos. 82 and 88 Womersley Road

Authority
Wakefield Metropolitan District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hainsworth D
Postcode
WF11 0DL

Main issues, as the Inspector framed them

  • Whether the excavation of foundation trenches constitutes operational development and material operation comprised in the planning permission, having regard to sections 55 and 56 of the Town and Country Planning Act 1990

What decided it

The line of the back-filled trench did not match the line of any foundation work required by the approved plans, and the appellant failed to discharge the burden of proof on the balance of probabilities.

The decision letter

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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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