Brookfoot Lane Southowram Halifax Up To 5 Acre Land SSTC in Halifax


0 bedrooms, 0 bathrooms

Property reference: BRI-128J160L

Up To 5 Acre Land SSTC in Halifax - photograph 1.



Property overview


We are offering for sale this development site which has Outline Planning Permission for the erection of 12 detached dwellings. This is a particularly pleasant position, located just off Brookfoot Lane, a short distance from Brighouse town centre and within easy reach of Halifax and J25 of the M62. The site is situated behind some existing detached properties, adjoins woodland and offers a semi rural environment.

The site measures approximately 1.7 acres.


Brief Planning History
Outline Planning Permission was granted in 1986 by a Planning Inspector on appeal. Reserved Matters had to be applied for within 5 years of the outline being granted. (Please note that the Reserved Matters were for siting, materials and landscaping. Access from Brookfoot Lane, onto the land, was not a matter reserved by the Inspector).

Reserved Matters application was submitted to the Council within the 5 year period and this was approved by them in 1992. Please note that Condition 20 (and may be others) was inserted by the Council wrongly because it was not a Reserved Matter.

Reserved Matters permission was implemented in 1994 by agreeing the pre-development conditions with the Council.

In late 2006, a revised planning application was submitted to the Council which was asking for approval of a layout for 11 detached dwellings. In the Spring of 2007, a letter was received from the Council saying that, in their view, the site did not have a Reserved Matters Planning Permission and inviting the owner to apply for a Lawful Development Certificate or the application would be declined. The application was withdrawn.

Planning solicitors were employed and, despite presenting all the evidence to the Council that there was a valid permission, they still refused to accept it. So an Opinion was sought from Neil King QC in London. He said the site had an Extant Planning Permission, comprising the 1986 permission with the 1992 approval. The permission was lawfully implemented and therefore remains valid. He also said that means of access was not included in Condition 1 as a Reserved Matter.

The Council were sent a copy of the Opinion and immediately capitulated and agreed fully with Neil King's views.

Please note copies of the Planning Permission and Neil King's QC report are available from our office.

Prospective purchasers are advised to make their own enquiries with regards the position of services.

The site is to be sold freehold.

Prospective purchasers may inspect the site at any reasonable time.

Daniel & Hirst Estate Agents understand that getting independent mortgage advice is a crucial part of the home buying process. That's why we have our own independent mortgage advisor who can provide tailored mortgage advice from over 80 lenders and over a 1,000 different mortgage schemes.
For friendly expert advice on your mortgage requirements or to discuss the potential of making an offer, please call in the office or phone Darren Beaumont on 07974365373.
Your home may be repossessed if you do not keep up repayments on your mortgage.