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Planning appeal decision

Dismissed15 September 20266010024

15 Warwick Road, Kirklees, Batley, WF17 6BU

Planning appeal 6010024 at 15 Warwick Road, Kirklees, Batley, WF17 6BU (Kirklees) was dismissed on 15 September 2026 by Inspector John Morrison, by written representations. The main issue, as the Inspector framed it: whether the appeal property is an appropriate location for a Hot Food Takeaway having regard to its siting outside a defined centre and its proximity to a primary school.

Retrospective application for the change of use of part of an existing residential kitchen to allow small scale home cooking for take away and delivery

Authority
Kirklees
Appeal type
Planning
Procedure
Written
Development
retail
Inspector
John Morrison
Postcode
WF17 6BU

Main issues, as the Inspector framed them

  • whether the appeal property is an appropriate location for a Hot Food Takeaway having regard to its siting outside a defined centre and its proximity to a primary school
  • the effect of the development on the living conditions of nearby residents with particular regards to noise, odour, waste storage and litter

What decided it

The combination of the unsuitable out-of-centre location within 400 metres of a school and the failure to demonstrate adequate mitigation of impacts on neighbouring residents' living conditions rendered the development unacceptable.

the limited benefits of small scale contributions to the local economy were substantially outweighed by the obvious and enduring harm to residential amenity and the development plan conflict

What the Inspector cited

Development plan policies
Policy LP13Policy LP16Policy LP47Policy LP24Policy LP52Policy LP21

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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More decisions in Kirklees

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

  1. Allowed25 September 20266005670
    47 Huddersfield Road, Mirfield, WF14 8AE
  2. Allowed6 February 20263359129
    Land at Cliff Hill, Denby Dale, West Yorkshire, HD8 8RZ
  3. Allowed30 January 20263369715
    Land off Huddersfield Road/Leeds Road, Birstall, Batley, WF17 9AA
  4. Dismissed26 January 20263373077
    42 Birmingham Lane, Meltham, Holmfirth, West Yorkshire, HD9 5LH
  5. Notice upheld24 September 20253351169
    The Old Build Store, 6 Caulms Wood Road, Driftwood Timber, Dewsbury, WF13 1RZ

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.