Land at 1 High Knott Barn, Ings, Kendal, LA8 9PX

Planning appeal 3230973 at Land at 1 High Knott Barn, Ings, Kendal, LA8 9PX (Lake District) was allowed on 25 February 2022 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: whether the position with regard to local need justifies the imposition of an occupancy condition and, if so, how that condition should be worded.

Redevelopment of agricultural building to two local needs dwellings

Authority: Lake District
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: residential · Other minor developments
Inspector: Merrett R
Postcode: LA8 9PX

Main issues, as the Inspector framed them

whether the position with regard to local need justifies the imposition of an occupancy condition and, if so, how that condition should be worded
whether Condition 5, as imposed, meets the legal and policy tests for planning conditions (ground (c))

What decided it

Evidence in the SHMA of a market need for larger dwellings within a wider geographical area than the original 'Locality' justified retaining an occupancy condition but with an enlarged Locality matching the South Lakeland District Council area within the National Park.

The Inspector balanced the evidence of local housing need for larger dwellings against the appellant's case for removing or substantially relaxing the occupancy restriction, concluding that a modified condition with a wider Locality reasonably reconciled the tension between market flexibility and control of open-market housing.

What the Inspector cited

Development plan policies: Policy 15Policy 02

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The authority’s record since 2016 · every decision in 2022

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.