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An inspector has dismissed an appeal against Calderdale Council’s failure to determine a planning application over a housing development in Halifax within the statutory time frame.

Mandale Homes Ltd had made the appeal against the council over the development at a former mill site in Wheatley.

The company wanted to build four three-bedroom homes on the site of the old Box Tree Mill off Boy Lane, Ovenden Wood.

But Planning Inspector M. Clowes dismissed the appeal even though the application had not been determined within the relevant legal time frame.

Mandale Homes wanted to build new properties on the site of the old Box Tree mill at Boy Lane, Wheatley, Halifax

The decision is among the first instances of Calderdale Council’s newly-adopted Local Plan coming into play.

The Inspector said they had regard to a council statement which clarified reasons it would have refused planning permission if it had been able to do so.

Additionally, between the Inspector making a site visit and issuing of the decision the council had agreed to adopt its Local Plan – a land-use blueprint – which now forms the statutory development plan for Calderdale over the next decade.

The Inspector said for the avoidance of doubt they had determined the appeal based on the Calderdale Local Plan.

The old Boxtree Mill at Boy Lane, Ovenden Wood, Halifax, pictured in 2006.

Main issues were the effect of the development on the character and appearance of the area with regard to trees and design, the living conditions of future occupiers of the homes with regard to provision of private gardens, effect on biodiversity and protected species and highway safety, particularly regarding access and impact on pedestrians and cyclists, said the Inspector.

The Inspector said the proposed development would boost the supply of family-sized housing in an accessible location on a brownfield site, whilst providing economic benefits during construction.

But these benefits would be limited and would not be outweighed by the adverse effects on the character and appearance of the area arising from the loss of trees, the living conditions of the future occupiers – the Inspector found the scheme would fail to provide suitable and sufficient amenity space with some gardens too shaded – biodiversity and protected species and highway safety, they said.

“There are no considerations in this instance that lead me to find otherwise than in accordance with the development plan,” the Inspector said, dismissing the appeal.

Planning appeal for homes at former mill site in Wheatley, Halifax, is rejected by inspector