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Planning appeal decision

Dismissed5 September 20253361412

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

Planning appeal 3361412 at 123 Chickenley Lane, Dewsbury, West Yorkshire, WF12 8QS (Kirklees Metropolitan Council) was dismissed on 5 September 2025 by Inspector Moulton E, by written representations. The main issue, as the Inspector framed it: Whether the proposal would be in an appropriate location, having regard to local and national policies.

‘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 ’

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Moulton E
Postcode
WF12 8QS

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.

What the Inspector cited

Development plan policies
LP13LP2LP16LP24LP52LP47HFT4HFT1
National Planning Policy Framework
Paragraph 91Paragraph 90Paragraph 187Paragraph 8

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 applied

The decision letter

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More decisions in Kirklees

The authority’s record since 2016 · every decision in 2025

  1. Allowed25 September 20266005670
    47 Huddersfield Road, Mirfield, WF14 8AE
  2. Dismissed15 September 20266010024
    15 Warwick Road, Kirklees, Batley, WF17 6BU
  3. Allowed6 February 20263359129
    Land at Cliff Hill, Denby Dale, West Yorkshire, HD8 8RZ
  4. Allowed30 January 20263369715
    Land off Huddersfield Road/Leeds Road, Birstall, Batley, WF17 9AA
  5. Dismissed26 January 20263373077
    42 Birmingham Lane, Meltham, Holmfirth, West Yorkshire, HD9 5LH

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.