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

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.

Plan policies cited: Policy 02, Policy 06

Read the decision letter on the Inspectorate’s site

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.

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What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.
Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.
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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.