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Planning appeal decision

Dismissed19 July 20243344401

Land off Pasture Avenue, Oakworth, Keighley, BD22 7QF

a terrace of three dwellings and associated car parking, garages, gardens, emergency vehicle turning, bin storage and landscaping

Authority
City of Bradford Metropolitan District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Caines A

Main issues, as the Inspector framed them

  • whether the development would preserve or enhance the character or appearance of the Oakworth Conservation Area
  • the effect on the integrity of designated sites of nature conservation

What decided it

The absence of an executed planning obligation to secure mitigation measures for the adverse effects on the integrity of the South Pennine Moors SPA and SAC, which is a statutory requirement under the Conservation of Habitats and Species Regulations 2017 and an overriding consideration that disengages the presumption in favour of sustainable development.

The benefits of three dwellings and housing delivery in a context of deficient five-year housing land supply were outweighed by the less than substantial harm to the conservation area, but this balance was overridden by the statutory requirement to avoid adverse effects on the integrity of the SPA and SAC.

Framework references: 11, 15

Plan policies cited: Policy SC8, Policy EN3, South Pennine Moors SPA/SAC Supplementary Planning Document

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.