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Split Decision6 December 20233307949

Land off A595, School Road, Kirkby-In-Furness, Cumbria, LA17 7TL

Planning appeal 3307949 at Land off A595, School Road, Kirkby-In-Furness, Cumbria, LA17 7TL (South Lakeland District Council *) was allowed in part (a split decision) on 6 December 2023 by Inspector Thompson F, following a hearing. The main issue, as the Inspector framed it: Appeal A: whether there is an essential need for the proposed development in this location, and the effect of the proposed development on the character and appearance of the area.

new horticultural buildings, including glasshouses and polytunnels, for a horticultural nursery and a temporary dwelling, including landscaping works, the formation of a revised site access and access track to the nursery buildings

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
agricultural · Other Major Developments
Inspector
Thompson F
Postcode
LA17 7TL

Main issues, as the Inspector framed them

  • Appeal A: whether there is an essential need for the proposed development in this location, and the effect of the proposed development on the character and appearance of the area
  • Appeal B: the effect of the developments on the character and appearance of the area

What decided it

The Inspector's finding that the scale and incongruous horticultural appearance of the proposed buildings and bund would cause material, permanent harm to the character and appearance of the countryside outweighed the accepted benefits, determining the dismissal of Appeal A.

In Appeal A the economic, social and environmental benefits (job security, employment, carbon reduction) were outweighed by the substantial weight given to the permanent, unmitigated harm to the character and appearance of the countryside.

What the Inspector cited

Development plan policies
Policy DM25Policy DM1Policy DM2Policy CS8.10

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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What an account adds to this decision

6 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
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More decisions in South Lakeland District Council

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

  1. Allowed20 May 20243335114
    1-3 Union Street, Ulverston, Cumbria, LA12 7HR
  2. Dismissed6 December 20233306111
    Land off A595, School Road, Kirkby-In-Furness, LA17 7TL
  3. Planning permission granted18 September 20233301526
    Land at Hardcragg Hall Cottage, Hardcragg Way, Grange-over-Sands, LA11 6BH
  4. Allowed30 May 20233309517
    Docker Hall, Docker, Kendal, LA8 0DB
  5. Allowed23 February 20233307981
    Fellbank, Great Heads Road, Grange Over Sands, LA11 7EA

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.