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Planning appeal decision

Notice varied and upheld18 March 20253345335

9 Briggate, Dalton, HUDDERSFIELD, HD5 9ST

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

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 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.