Planning appeal decision
River Cottage, Copley Lane, Shelley, HD8 8LZ
Planning appeal 3349689 at River Cottage, Copley Lane, Shelley, HD8 8LZ (Kirklees Metropolitan Council) was dismissed on 12 May 2025 by Inspector McDonagh C, by written representations. The main issue, as the Inspector framed it: Whether the proposal would constitute inappropriate development in the green belt having regard to the Framework and any relevant development plan policies.
Proposed erection of detached double garage
- Authority
- Kirklees Metropolitan Council
- Appeal type
- householder · Householder (HAS)
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- McDonagh C
- Postcode
- HD8 8LZ
Main issues, as the Inspector framed them
- Whether the proposal would constitute inappropriate development in the green belt having regard to the Framework and any relevant development plan policies
- The effect of the proposal on the openness of the Green Belt
- The effect of the proposal on the character and appearance of the area
- The effect of the proposal on the setting of listed buildings
- Whether any harm to the green belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposed developments
What decided it
The proposal constitutes inappropriate development in the Green Belt that would cause harm to openness, character and appearance, and the significance of listed buildings, with no very special circumstances or sufficient public benefits to outweigh this harm.
The harm to the Green Belt by reason of inappropriateness, loss of openness, harm to character and appearance, and less than substantial harm to listed buildings was not outweighed by the private benefits of vehicle storage, which do not constitute sufficient public benefits.
What the Inspector cited
- Development plan policies
- Policy LP57Policy LP24Policy LP35
- National Planning Policy Framework
- Paragraph 154Paragraph 155Paragraph 154(c)Paragraph 145(g)Paragraph 142Paragraph 135Paragraph 212Paragraph 215Paragraph 153Paragraph 207
- Judgments
- Burdle and Williams v SSE and New Forest DC [1972] 1 WLR 1207; Sevenoaks District Council v Secretary of State for the Environment and Dawe [1997] EWHC Admin 1012
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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More decisions in Kirklees
The authority’s record since 2016 · every decision in 2025
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- Dismissed8 June 20266007222Butterley Leys Cottage, Spring Lane, Holmfirth, HD9 7EH
- Notice varied and upheld13 April 2026336492426 Crosland Edge, Meltham, Holmfirth, HD9 5RS
- Dismissed16 February 20263366496Land off Far Lane, Hepworth, Holmfirth, West Yorkshire, HD9 1RB
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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