Elizabeth Cresent, Whitehaven, Cumbria, CA28 6JQ

Planning appeal 3277409 at Elizabeth Cresent, Whitehaven, Cumbria, CA28 6JQ (Copeland Borough Council *) was dismissed on 22 December 2021 by Inspector Wilkinson F, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on highway safety with particular regard to the junction at Victoria Road and the use of Elizabeth Crescent.

residential development of up to 50 dwellings

Authority: Copeland Borough Council *
Appeal type: major · Planning Appeal
Procedure: Written Representations
Development: residential · Major dwellings
Inspector: Wilkinson F
Postcode: CA28 6JQ

Main issues, as the Inspector framed them

The effect of the proposed development on highway safety with particular regard to the junction at Victoria Road and the use of Elizabeth Crescent
Whether or not it would be at an unacceptable risk of flooding

What decided it

The failure to adequately demonstrate that the proposed development would not give rise to unacceptable flood risk, which provided a clear reason to refuse the development under paragraph 11d) of the Framework and outweighed the absence of highway safety harm.

Although no harm was found in respect of highway safety, this would not outweigh the harm found with regard to the effect of the proposed development on flood risk, leading to conflict with the development plan and the tilted balance not applying due to flood risk protection in the Framework

What the Inspector cited

Development plan policies: Policy ST1Policy ST2Policy ENV1Policy DM24
National Planning Policy Framework: Paragraph 11

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 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.