Parkfield, 1A Bradford Road, Tingley, WAKEFIELD, WF3 1QN

an outbuilding without complying with conditions attached to planning permission reference 23/04988/FU dated 20 October 2023.  The conditions in dispute are number 2 which re fers to the approved plans; and number 4 which states that ‘The outbuilding shall remain ancillary to the existing dwelling and shall only be used by the occupants of the dwelling and family members, for the lifetime of the development’. The reason for the condition is stated as ‘In the interests of residential amenity’

Authority: Leeds City Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Change of use
Inspector: Eggleton P

Main issues, as the Inspector framed them

The effect on the living conditions of nearby residents with regard to noise and disturbance
The effect on highway safety

What decided it

Condition 4 was unreasonably restrictive as it prevented occupants from inviting friends and training partners to use the home gym, which would be permitted uses incidental to the dwellinghouse, and the condition served no purpose beyond highlighting limitations already inherent in the original consent.

Read the decision letter on the Inspectorate’s site

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What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

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