14 Higgin Chamber, Boulderclough, Luddendenfoot, HALIFAX, HX2 6JS

Main issues, as the Inspector framed them

• Appeal A: whether the Council's decision to refuse the LDC was well founded
• Appeal B: whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
• Appeal B: the effect/s of the proposed development on the character and appearance of the locality; local heritage assets; biodiversity; highway safety
• Appeal B: whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

Appeal A: insufficient evidence of precise and unambiguous nature to demonstrate the claimed mixed use persisted continuously over 10 years. Appeal B: the development constitutes inappropriate development in the Green Belt causing substantial harm to openness, combined with less than substantial harm to heritage assets and other identified harms, which are not outweighed by the material considerations advanced.

Appeal B: the substantial weight given to harm to the Green Belt and its openness, combined with less than substantial harm to the setting of a designated heritage asset, limited harm to a non-designated heritage asset, potential adverse effects on protected species and biodiversity, and adverse effects on character and appearance, are not outweighed by the limited benefits of housing supply, self-build provision, flood risk mitigation, visual enhancement from container removal, and sustainable construction principles.