Land adjacent to Village Green, Swillings Lane, Little Musgrave, KIRKBY STEPHEN, CA17 4PQ

single storey self-build dwelling and change of use of agricultural land to residential curtilage (Class C3)

Authority: Eden District Council *
Appeal type: minor · Planning Appeal
Procedure: Hearing
Development: residential · Minor Dwellings
Inspector: Hunter J

Main issues, as the Inspector framed them

Whether or not the site is an appropriate and sustainable location for the proposed residential development, having regard to the Council's housing strategy and local and national planning policies in respect of affordable housing
The effect of the proposal on the character and appearance of the area

What decided it

The proposed dwelling would not be affordable in perpetuity given local property values, undermining the justification for an exception to the locational strategy, compounded by harm to character and appearance from the proposed design.

There are no material considerations that indicate the application should be determined other than in accordance with the development plan when taken as a whole, so the balance tipped against the appeal.

Framework references: 78, 79

Plan policies cited: Policy LS1, Policy HS1, Policy DEV5, UENDP Policy 1

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.