Calderdale Council considers that it is important that people understand the correct facts relating to the recent High Court decision affecting the Casa Hotel.
It should not be surmised from Mr McDaid’s public statements that he has won his planning appeals – the judge has simply referred the decisions back to the Secretary of State.
The Court decided that a previous 2009 planning permission is still valid; however, the extension that has been built does not resemble that planning permission and it is therefore unauthorised. The built extension is much bigger than the 2009 permission and therefore has a greater impact on the Green Belt.
In the light of the Court decision a planning inspector will now have to decide whether the existence of a planning permission for smaller extension justifies permission being granted for the larger extension; we are expecting that arguments about this will be considered at a new public inquiry later this year.
The Council remains of the view that it has a very strong case, and as such we will continue to robustly defend our position.