Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice upheld25 January 20243296939

Land Lying to the South-West of Birthwaite Road, Birthwaite Ground, Windermere, Cumbria, LA23 2LA

Planning appeal 3296939 at Land Lying to the South-West of Birthwaite Road, Birthwaite Ground, Windermere, Cumbria, LA23 2LA (Lake District) was dismissed on 25 January 2024 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: The effect of the breach of planning control on the character and appearance of the area.

Material change of use of land from garden to storage as part of landscape contractor's establishment with associated operational development including spreading of materials, hardstanding, building erection, tank installation and culverting

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Freer P

Main issues, as the Inspector framed them

  • The effect of the breach of planning control on the character and appearance of the area
  • The effect of the breach of planning control on the living conditions of the residents of surrounding residential properties, specifically in relation to visual intrusion, noise disturbance and privacy

What decided it

The raising of ground levels by up to 1.93m constitutes engineering operations requiring planning permission in their own right, and the resulting visual intrusion, noise and privacy impacts on neighbouring residents are unacceptable and contrary to the development plan.

What the Inspector cited

Development plan policies
Policy 02Policy 06

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

40 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Lake District

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld6 July 20263356610
    Land Opposite Orchard View, Saltcoats, Holmrook, CA19 1YY
  2. Planning permission granted26 June 20263377594
    Land at South Barn, Ayside, Grange Over Sands, LA11 6HY
  3. Notice varied and upheld23 June 20263376839
    Thwaite Howe, Thornthwaite, Keswick, CA12 5SA
  4. Notice varied and upheld5 June 20263362991
    Land at Bell Intake, High Dam, Finsthwaite Ulverston, Cumbria, LA12 8BN
  5. Notice upheld28 May 20263374745
    Old Bank House , Lake Road, Ambleside, LA22 0AD

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.