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Planning appeal decision

Notice varied and upheld18 March 20253345335

9 Briggate, Dalton, Huddersfield, HD5 9ST

Planning appeal 3345335 at 9 Briggate, Dalton, Huddersfield, HD5 9ST (Kirklees Metropolitan Council) was allowed in part (a split decision) on 18 March 2025 by Inspector Hainsworth D, by written representations. The main issue, as the Inspector framed it: Whether the material change of use to storage of a single deck bus, metal storage containers and building materials constitutes a breach of planning control.

Material change of use to storage of a single deck bus

Authority
Kirklees Metropolitan Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Hainsworth D
Postcode
HD5 9ST

Main issues, as the Inspector framed them

  • Whether the material change of use to storage of a single deck bus, metal storage containers and building materials constitutes a breach of planning control
  • Whether the use is exempt from planning permission as incidental to the enjoyment of a dwellinghouse under section 55(2)(d) of the Town and Country Planning Act 1990
  • Whether the enforcement notice was issued within the time limit
  • Whether the requirements of the notice exceed what is necessary to remedy the breach
  • Whether the time given to comply with the notice is reasonable

What decided it

The use of the site for storage of a full-size single deck bus is of a scale and nature that exceeds what may be exempted by section 55(2)(d) as incidental to the reasonable enjoyment of a dwellinghouse.

The decision letter

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More decisions in Kirklees

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

  1. Notice upheld16 July 20263300501
    31 Hare Park Avenue, Hightown, Liversedge, WF15 8DN
  2. Notice upheld25 June 20263368585
    86a Sheepridge, Huddersfield, HD2 1HG
  3. Notice upheld12 June 20263368547
    4 Rydal Grove, Roberttown, Liversedge, WF15 7DN
  4. Notice varied and upheld13 April 20263364924
    26 Crosland Edge, Meltham, Holmfirth, HD9 5RS
  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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