After a six year battle permission for a marquee at a popular hotel has been granted.
Owner of the Casa in Elland Road, Brighouse, Jack McDaid successfully won his appeal to retain the marquee for a temporary period of six months which started on October 28.
Mr McDaid has been battling for permission for the temporary structure since it was first refused back in July 2007.
His appeal has now been granted following a hearing back in July by Inspector Ian Radcliffe.
Mr McDaid wanted to keep his marquee until he can start work on the permanent two-storey building which will take its place and is due to start in January next year.
He was granted permission back in 2009 for the extension and the car park on the opposite side of the road.
At the hearing Mr Radcliffe heard from Calderdale Council’s planning officer and Environmental Health about their concerns as well as the concerns of Mr McDaid, his manager Sam Holmes and agent Roger Lee at the Halifax Town Hall meeting.
Inspector Radcliffe heard there had been several complaints over the years but the last one was on Bonfire Night and didn’t relate to the marquee. In October last year noise limiters were put on the sound system and no complaints had been received since.
This was part of the premises licence that was approved in September last year.
Mr Radcliffe was concerned about the effect it had on the green belt and its openness but decided to permit the application because the damage caused would only be temporary. “I find that, cumulatively, the other considerations put forward by the appellant are considerable and in this case clearly outweigh the harm identified.
“As a result, the very special circumstances necessary to justify the development exist.”
He said the fact that it was only temporary was important because the harm to openness and the character and appearance of the area would be caused for a limited period.
“It is necessary to require that the marquee is removed after the temporary period sought has elapsed,” he said. “
He stressed that the noise limited had to be used at all times as the power supply to all sound equipment used in the marquee.
Manager Sam Holmes said: “After nearly seven years of trying to work with the council common sense has finally prevailed just before we are due to start work on building the new venue.”