Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed26 January 20263373077

42 Birmingham Lane, Meltham, Holmfirth, West Yorkshire, HD9 5LH

Planning appeal 3373077 at 42 Birmingham Lane, Meltham, Holmfirth, West Yorkshire, HD9 5LH (Kirklees Metropolitan Council) was dismissed on 26 January 2026 by Inspector Smith J, by written representations. The main issue, as the Inspector framed it: whether condition 4 is necessary to prevent undue noise and disturbance to neighbouring occupants.

Change of use from Class C3 dwellinghouse to mixed use dwellinghouse and Class E(f) childminders, single storey rear extension and raised decking

Authority
Kirklees Metropolitan Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
change of use · Change of use
Inspector
Smith J
Postcode
HD9 5LH

Main issues, as the Inspector framed them

  • whether condition 4 is necessary to prevent undue noise and disturbance to neighbouring occupants
  • whether condition 4 is necessary to ensure the safe and efficient flow of traffic along Birmingham Lane

What decided it

The noise assessment evidence demonstrated that increasing the permitted capacity from nine to fifteen children would result in noise levels exceeding WHO guidelines within the neighbouring property during periods of active play, thereby adversely affecting neighbouring living conditions contrary to Policy LP24.

What the Inspector cited

Development plan policies
LP24LP21LP22

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

20 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Kirklees

The authority’s record since 2016 · every decision in 2026

  1. Allowed19 October 20266013056
    8A Grove Terrace, Birkenshaw, Bradford, BD11 2LY
  2. Allowed25 September 20266005670
    47 Huddersfield Road, Mirfield, WF14 8AE
  3. Allowed16 September 20266012370
    33 Stainecross Avenue, Huddersfield, HD4 5HZ
  4. Dismissed15 September 20266010024
    15 Warwick Road, Kirklees, Batley, WF17 6BU
  5. Allowed3 September 20266012527
    1 Charnwood Bank, White Lee, Batley, WF17 8PY

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.