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Dismissed30 May 20223286119

Land Adjacent to Tatham Fells Ce School, Lowgill, Lancaster, LA2 8RA

Planning appeal 3286119 at Land Adjacent to Tatham Fells Ce School, Lowgill, Lancaster, LA2 8RA (Lancaster City Council) was dismissed on 30 May 2022 by Inspector Martinson P, by written representations. The main issue, as the Inspector framed it: whether or not the development proposed represents a suitable location for housing having regard to the settlement hierarchy and access to local services and facilities.

described on the application form as: ‘erection of 1 dwelling’

Authority
Lancaster City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Martinson P
Postcode
LA2 8RA

Main issues, as the Inspector framed them

  • whether or not the development proposed represents a suitable location for housing having regard to the settlement hierarchy and access to local services and facilities
  • the effect of the proposed development on the character and appearance of the area

What decided it

The harm to the character and appearance of the Forest of Bowland AONB, a designated area of the highest status for landscape protection, provides a clear reason for refusal under Framework paragraph 11d)i, displacing the presumption in favour of sustainable development despite the Council's inability to demonstrate a 5-year housing land supply.

The limited benefits of housing supply and support for the local school were outweighed by significant weight given to the conflict with Framework policies on sustainable transport access and the conservation and enhancement of the AONB, with the harm to the AONB providing a clear reason for refusal under paragraph 11d)i.

What the Inspector cited

Development plan policies
Policy SP2Policy SP3Policy DMP4Policy DM4Policy DM60Policy EN2Policy EN3Policy DM29Policy DM45Policy DM46
National Planning Policy Framework
Paragraph 79Paragraph 174Paragraph 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.

See how each was applied

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.

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.