# 16 George's Street, Ovenden, Halifax

- **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
- **Tags:** s4-within-settlement, s4-substantially-outweighed, design-refusal, living-conditions, transitional-no-consultation, appeal-planning-officer, small-scheme, tier-2

## 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
- **DP3: conflict (substantial weight).** cramped, prominent, forward of building line; ignores cohesive character of former care facility (DL 5-8, 15)
- **P3: fail (substantial weight).** 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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009852
- https://appeal-planning-decision.service.gov.uk/published-document/2863ce35-50c6-4baf-82e3-689a9b353f6a

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009852.html

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