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Dismissed31 January 20223272734

Land Adjacent to Village Green, Swillings Lane, Little Musgrave, Kirkby Stephen, CA17 4PQ

Planning appeal 3272734 at Land Adjacent to Village Green, Swillings Lane, Little Musgrave, Kirkby Stephen, CA17 4PQ (Eden District Council *) was dismissed on 31 January 2022 by Inspector Hunter J, following a hearing. The main issue, as the Inspector framed it: 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.

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
Postcode
CA17 4PQ

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.

What the Inspector cited

Development plan policies
Policy LS1Policy HS1Policy DEV5UENDP Policy 1
National Planning Policy Framework
Paragraph 78Paragraph 79

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.

See how each was applied

The decision letter

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More decisions in Eden District Council

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

  1. Allowed3 December 20253373381
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  2. Dismissed21 May 20253359259
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  3. Dismissed2 April 20253327011
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  4. Dismissed12 March 20253351424
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  5. Notice upheld30 September 20243332570
    Bongate Hall West, Appleby in Westmorland, England, CA16 6HW

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.