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Planning appeal decision

Dismissed15 April 20266002507

210, Whitehall Road East, Birkenshaw, BD11 2LL

Planning appeal 6002507 at 210, Whitehall Road East, Birkenshaw, BD11 2LL (Kirklees Metropolitan Council) was dismissed on 15 April 2026 by Inspector Fawcett E, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area.

demolition of existing dwelling and erection of new dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Fawcett E
Postcode
BD11 2LL

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area
  • protected species, with particular regard to bats

What decided it

The significant harm to character and appearance combined with unresolved concerns about protected species outweighed the limited benefits of the replacement dwelling in circumstances where the Council cannot demonstrate a 5-year housing land supply.

The adverse impacts of harm to character and appearance and protected species would significantly and demonstrably outweigh the limited benefits of energy efficiency improvements and minor economic gains when assessed against the policies in the Framework taken as a whole.

What the Inspector cited

Development plan policies
Policy LP24Policy LP30
National Planning Policy Framework
Paragraph 11

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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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.