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Planning appeal decision

Dismissed18 October 20223292512

Land to the rear of Elseghyll Cottage, Melmerby, Cumbria, Ca10 1HN

a “change of use from hardstanding to construct a single 147m² 3-bed dwelling (C3) with upgraded vehicle access and utilities connections. The dwelling is designed to have a very low energy demand with the aim of gaining Passivhaus certification. The dwelling will be occupied by the applicant who grew up in the village in order to resettle in a neighbouring property to his family

Authority
Eden District Council *
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Tweddle J

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the surrounding area, including any effect on trees
  • The effect of the development on protected species, with particular regard to bats
  • Whether the development would provide satisfactory living conditions for future occupants, with regard to noise, disturbance, odour, and other potential forms of agricultural pollution

What decided it

The cumulative harm to character and appearance, trees, protected species, and future occupant living conditions, combined with conflict with the development plan policies, outweighed the benefits of the self-build scheme and environmental credentials.

Framework references: 15

Plan policies cited: Policy LS1, Policy DEV5, Policy HS2, Policy ENV3, Policy ENV2, Policy ENV10, Policy ENV1, Policy ENV9

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.