- Decision
- dismissed, 15 September 2026
- Decided by
- Planning Inspector: John Morrison (on recommendation of Appeal Planning Officer S Manson)
- Authority
- Calderdale (Yorkshire and the Humber)
- Appeal reference
- 6009852
- Application reference
- 24/01271/FUL
- Procedure
- written representations
- Development
- New-build dormer bungalow on residual land within a former care-home site
- Homes
- 1
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- S4, DP3, P3
- Development plan policies
- Calderdale Local Plan 2023 BT1, BT2
- Main issues
- character and appearance; neighbour living conditions
Summary
A dormer bungalow squeezed onto residual land at a former care-home site in Ovenden, Halifax, was dismissed. It was cramped and incongruous (DP3/L2) and overbearing and overlooking for neighbours (P3). Under S4 these lasting harms, given substantial weight, substantially outweighed the moderate benefit of one home in an undersupply situation (DL ¶15-16).
What made the difference
Plot width and proximity. A kitchen window facing the neighbour's kitchen window at close range, together with a forward projection beyond the building line, made the harms "lasting", which justified substantial weight.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DP3 | conflict | substantial | cramped, prominent, forward of building line; ignores cohesive character of former care facility (DL 5-8, 15) |
| P3 | fail | substantial | overbearing on No 11 garden and No 10 windows; direct kitchen-to-kitchen overlooking with No 16 (DL 9-12, 15) |
| S4 | fail | one dwelling (moderate weight) substantially outweighed (DL 14-16) |
Key facts
- Housing undersupply acknowledged but unquantified; one dwelling given moderate weight
- No re-consultation on the 2026 Framework (DL 3)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.