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Planning appeal decision

Notice varied and upheld10 July 20233302607

Land Adjacent to the C2057 Road, Ullock Moss, Portinscale, Keswick, Cumbria, CA12 5TP

Planning appeal 3302607 at Land Adjacent to the C2057 Road, Ullock Moss, Portinscale, Keswick, Cumbria, CA12 5TP (Lake District) was allowed in part (a split decision) on 10 July 2023 by Inspector Freer P, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the character and appearance of the area.

Without planning permission, operational development, specifically engineering operations consisting of the laying of road planings to create a hard surface

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Other minor developments
Inspector
Freer P

Main issues, as the Inspector framed them

  • the effect of the development on the character and appearance of the area
  • the effect of the development on the attributes of the English Lake District World Heritage Site

What decided it

The unacceptable harm caused by the hard surface to the character and appearance of the Area of Distinctive Character and to the significance of the English Lake District World Heritage Site, which was not outweighed by any material considerations.

the public benefits advanced by the appellant did not outweigh the harm to the character and appearance of the area and to the significance of the World Heritage Site, so the development conflicted with the development plan and permission was refused

What the Inspector cited

Development plan policies
Policy 01Policy 05Policy 07

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 Lake District

The authority’s record since 2016 · every decision in 2023

  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.