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Planning appeal decision

Dismissed5 September 20253361412

123 Chickenley Lane, Dewsbury, West Yorkshire, WF12 8QS

‘my application is for change of use for an online dessert shop which is online and no dining in. Collection is also available. The shop floor has an open kitchen which did not need any construction change. We use fridge and freezers to store all stock ’

Authority
Kirklees Metropolitan Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Moulton E

Main issues, as the Inspector framed them

  • Whether the proposal would be in an appropriate location, having regard to local and national policies
  • The effect of the proposal on the living conditions of the occupiers of residential properties in the area, by reason of noise and disturbance
  • The effect of the proposal on public health

What decided it

The proposal failed on all three main issues: inappropriate out-of-centre location contrary to sequential test policy, unacceptable noise and disturbance to residential amenity from late-night vehicular activity, and absence of a required Health Impact Assessment to address public health concerns in an area with poor health indicators.

Framework references: 91, 90, 187, 8

Plan policies cited: LP13, LP2, LP16, LP24, LP52, LP47, HFT4, HFT1

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.