Appeal over Calderdale Council's refusal for homes to be built in Brighouse is dismissed by planning inspector

Mr J. Rawson had applied for planning permission to build the detached homes at land off Stratton Park, Brighouse.

But the council rejected the proposals in September 2021.

A majority of those commenting on the original application objected to it including Rastrick ward councillors Regan Dickenson and Sophie Whittaker – although there were also supporting comments too.

Many objectors said the land had social value, and “open space” provided for in the application would not replace it adequately, in their view.

Dismissing the appeal, Inspector F. Rafiq said the main issue concerned this social provision.

Relevant policy in the Replacement Calderdale Unitary Development Plan seeks to protect open spaces from development and sets out that development proposals located in such areas will only be permitted if one of the circumstances defined by the policy apply, he said.

These include the space being replaced by equivalent or better provision in quantity and quality.

Reference had been made to a financial contribution towards play and gym equipment, but there was little further detail on this, including for ongoing maintenance of this equipment.

“There is furthermore no mechanism before me to secure this contribution.

“The alternative, whilst providing a greater level area, would not therefore be an appropriate equivalent or better provision in terms of quality,” the inspector concluded, rejecting an assertion the land was not used by the community.