Land to the rear of 14 Cross Hills, Kippax (storage unit and car park layout)

appeal 6011321·Leeds·1 October 2026dismissed
Decision
dismissed, 1 October 2026
Decided by
Planning Inspector: F Rafiq
Authority
Leeds (Yorkshire and the Humber)
Appeal reference
6011321
Application reference
26/01204/FU
Procedure
written representations
Development
Retrospective storage unit to the rear of Cross Hills and revised car park layout at Ash Court
Site context
inside settlement, PDL
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
TR6, S4(1)
Development plan policies
Leeds Core Strategy T2, P10, Leeds Unitary Development Plan Review GP5, BD6, Kippax Neighbourhood Plan BE1
Main issues
highway safety and parking; character and appearance

Summary

A retrospective storage building in Kippax, built on part of the car park approved for three new houses, was dismissed on highway safety. The remaining parking layout did not work, and vehicles serving the store would be pushed to an access with restricted visibility. That harm, contrary to TR6 and given significant weight, substantially outweighed the limited benefit of reusing developed land under S4. The building's appearance was acceptable.

Issues and findings

Planning balance

S4(1). For: use of previously developed land, limited weight because it "occupies part of the approved car park to the neighbouring residential terrace rather than wholly vacant or underutilised land" (DL ¶19). Against: "This harm would be long lasting and is contrary to Policy TR6 of the Framework. I therefore attach significant weight to this harm" (DL ¶20). "the benefits of granting planning permission are substantially outweighed by adverse effects" (DL ¶21). The S4(2)(c) trigger is not expressly used.

What made the difference

The store took the visitor parking of the neighbouring terrace and left a layout that failed even on the appellant's own swept paths. A nil accident record did not answer a new source of movements at a poor access.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
TR6failsignificantstorage unit removed three visitor spaces for an adjoining terrace; substandard bays and manoeuvring; extra movements at an access with restricted visibility; unacceptable highway safety impact; paragraph (4) not cited by number (DL 7-13, 20)
S4(1)failbenefits substantially outweighed by the highway safety harm (DL 18-21)
DP3accordsingle-storey flat-roofed unit acceptable in a mixed local centre; neutral in the balance (DL 14-17, 19)
L2benefitlimitedmapped: reuse of previously developed land, but on part of an approved car park, not vacant or underused land; L2 not named (DL 19)

Key facts

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.