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Dismissed23 March 20266002647

Land Adjacent, 38, Upper Road, Batley Carr, Dewsbury, WF17 7LT

Planning appeal 6002647 at Land Adjacent, 38, Upper Road, Batley Carr, Dewsbury, WF17 7LT (Kirklees Metropolitan Council) was dismissed on 23 March 2026 by Inspector Mee K, by written representations. The main issue, as the Inspector framed it: The effect of the proposed dwelling on the character and appearance of the area, including the setting of the nearby listed building, known as Holy Trinity Church.

proposed dwelling

Authority
Kirklees Metropolitan Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Mee K
Postcode
WF17 7LT

Main issues, as the Inspector framed them

  • The effect of the proposed dwelling on the character and appearance of the area, including the setting of the nearby listed building, known as Holy Trinity Church

What decided it

The harm to the setting of the Grade II listed Holy Trinity Church, which carries great weight and constitutes a strong reason for refusal under paragraph 11d) of the NPPF, outweighs the modest benefits of delivering a single dwelling.

The modest public benefits of housing delivery and economic benefits were outweighed by the considerable weight given to the less than substantial harm to the setting of the designated heritage asset, with the heritage protection exception to the tilted balance applying.

What the Inspector cited

Development plan policies
Policy LP24Policy LP35
National Planning Policy Framework
Paragraph 11Paragraph 202Paragraph 212Paragraph 215

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.