A Brighouse hotel has won an appeal for temporary planning permission for a large marquee in its grounds.
The appeal was submitted to the Government’s Planning Inspectorate by the Casa Hotel and Restaurant in Elland Road in February, after its application was refused by Calderdale Council last November.
The hotel has been given approval to use the marquee for a further six months, after which the area must be restored to its former condition.
Casa also made an application to recover all costs for the appeal, but this was rejected.
Planning permission for the marquee was refused in 2007 on the grounds of harm to the green belt, noise disturbance and design matters. It has been the subject of applications, turned down by the Council because of noise complaints.
Confirming the successful appeal, planning inspector Ian Radcliffe said special circumstances existed to justify the temporary approval.
He said: “I find that, cumulatively, the considerations put forward by the appellant are considerable and clearly outweigh the harm identified.
“The temporary nature of the permission is an important consideration in the whole planning balance. This is because the harm to openness and the character and appearance of the area would be caused for a limited period.”
Mr Radcliffe said a noise limiter installed in the marquee, restricting levels to 89 decibels, had been effective.
Casa group manager Sam Holmes said: “We are happy that common sense has finally prevailed.
“The situation has been wholly unneccesary, especially as we have had no complaints for the last two years.”
Mr Holmes said the timing of the ruling was “slightly ironic”, as work is scheduled to start in January on a £1 million extension which would replace the marquee.
A Calderdale Council spokesman said: “We are disappointed with the outcome of the appeal.”
The Council confirmed that an investigation into an incident at the hotel on February 15, when five people were hurt after a balcony collapsed, is continuing.
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