Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed22 December 20213277409

Elizabeth Cresent, Whitehaven, CUMBRIA, CA28 6JQ

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

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

Framework references: 11

Plan policies cited: Policy ST1, Policy ST2, Policy ENV1, Policy DM24

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.