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Planning appeal decision

Dismissed7 November 20223295920

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

2no detached dwellings with associated access drive

Authority
Lancaster City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Morgan R

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.

Framework references: 64, 11, 8

Plan policies cited: Policy DM3, Policy DM1

Judgments cited: 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

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.