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Dismissed18 October 20223292512

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

Planning appeal 3292512 at Land to the Rear of Elseghyll Cottage, Melmerby, Cumbria, Ca10 1HN (Eden District Council *) was dismissed on 18 October 2022 by Inspector Tweddle J, by written representations. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the surrounding area, including any effect on trees.

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
Postcode
CA10 1HN

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.

What the Inspector cited

Development plan policies
Policy LS1Policy DEV5Policy HS2Policy ENV3Policy ENV2Policy ENV10Policy ENV1Policy ENV9
National Planning Policy Framework
Paragraph 15

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. Dismissed2 April 20253327011
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  2. Split Decision14 March 20233297896
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  3. Allowed15 February 20223283769
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  4. Allowed23 August 20213260394
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  5. Allowed3 December 20253373381
    Town End Cottage, Great Salkeld, Penrith, Cumbria, CA11 9LW

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.