®Planning appeal decision
2 Crossleys Buildings, Halifax, HX3 9PY
Planning appeal 3360123 at 2 Crossleys Buildings, Halifax, HX3 9PY (Calderdale Metropolitan Borough Council) was dismissed on 12 June 2025 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Appeal A: whether the L-shaped land has been used continuously as a garden for at least ten years in association with the use of No. 2 Crossleys Buildings as a dwellinghouse, and hence whether it is lawful.
the change of use of land to residential garden land and construction of raised decking
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Hartley D
- Postcode
- HX3 9PY
Main issues, as the Inspector framed them
- Appeal A: whether the L-shaped land has been used continuously as a garden for at least ten years in association with the use of No. 2 Crossleys Buildings as a dwellinghouse, and hence whether it is lawful
- Appeal B: whether the breach of planning control constitutes inappropriate development in the Green Belt
- Appeal B: if the development is inappropriate development in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify development
What decided it
Appeal A: the appellants failed to provide sufficiently precise and unambiguous evidence of continuous ten-year garden use on the balance of probability. Appeal B: the development constitutes redevelopment of previously developed land that would not cause substantial harm to Green Belt openness, falling within paragraph 154(g) exception.
What the Inspector cited
- Development plan policies
- Policy GB1Policy BT1
- National Planning Policy Framework
- Paragraph 11Paragraph 55Paragraph 143Paragraph 154Paragraph 155Paragraph 232
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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With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2025
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- Dismissed3 September 20266008062Land North of Helm Farm Cottages, Helm Lane, Triangle, Sowerby Bridge, HX6 3DU
- Allowed1 September 20266010078Windmill Court County House, Keighley Road, Illingworth,, Halifax, HX2 8YB
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.