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

proposed dwelling

Authority: Kirklees Metropolitan Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Mee K

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.

Framework references: 11, 202, 212, 215

Plan policies cited: Policy LP24, Policy LP35

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.

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.

The judgement stays yours. The tool gathers the material and dates it.