®Planning appeal decision
2 Crossleys Buildings, HALIFAX, HX3 9PY
the change of use of land to residential garden land and construction of raised decking
- Authority
- Calderdale Metropolitan Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Hartley D
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.
Framework references: 11, 55, 143, 154, 155, 232
Plan policies cited: Policy GB1, Policy BT1
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.