7 Matty Marsden Lane, Horbury, WAKEFIELD, WF4 6EY

without planning permission (i) the construction of a retaining wall; (ii) the carrying out of engineering operations resulting in a material change in levels of the rear garden, and (iii) the formation of an access road on the Land

Authority: Wakefield Metropolitan District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Hartley D

Main issues, as the Inspector framed them

Whether the breach of planning control constitutes inappropriate development in the Green Belt including its effect on Green Belt openness and purposes
The effect of the development on the character and appearance of the area including whether it constitutes poor design
If the breach of planning control 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

The retaining wall and land level changes constitute inappropriate development in the Green Belt that causes substantial harm to openness and fails to accord with Green Belt purposes, and this harm is not clearly outweighed by any other considerations amounting to very special circumstances.

Framework references: 154, 155, 12

Plan policies cited: SP3, SP23, LP55, LP56

Read the decision letter on the Inspectorate’s site

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.

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.

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