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Dismissed7 November 20223295920

Land at Carnforth Brow, Carnforth, Lancashire, LA5 9RE

Planning appeal 3295920 at Land at Carnforth Brow, Carnforth, Lancashire, LA5 9RE (Lancaster City Council) was dismissed on 7 November 2022 by Inspector Morgan R, by written representations. The main issue, as the Inspector framed it: whether the site forms part of a larger residential development, and if so whether it should make provision for affordable housing.

2no detached dwellings with associated access drive

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Morgan R
Postcode
LA5 9RE

Main issues, as the Inspector framed them

  • whether the site forms part of a larger residential development, and if so whether it should make provision for affordable housing

What decided it

The site forms part of a larger 13-unit residential development and therefore triggers an affordable housing requirement under Policy DM3, which the proposal fails to meet.

The minor economic benefits of the proposal do not outweigh the harm caused by the lack of affordable housing provision in an area with pressing affordable housing need; the presumption in favour of sustainable development does not apply.

What the Inspector cited

Development plan policies
Policy DM3Policy DM1
National Planning Policy Framework
Paragraph 64Paragraph 11Paragraph 8
Judgments
New Dawn Homes Ltd v Secretary of State for Communities and Local Government & Tewksbury Borough Council [2016] EWHC 3314; Westminster City Council v First Secretary of State and Brandlord Ltd [2003] J.P.L 1066; R.(on the application of William Corbett) v The Cornwall Council v Stephen Tavener [2020] EWCA

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.

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