®Planning appeal decision
Duke Of Cumberland, 1 Appleby Road, KENDAL, LA9 6ES
Erection of convenience store, retention of public house with redesigned beer garden, reconfigured car park including retained vehicular access from Shap Road and relocated vehicular access from Appleby Road, introduction of a service layby on Appleby Road and provision of a pedestrian crossing on Appleby Road
- Authority
- South Lakeland District Council *
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- retail · Minor general industry/storage/warehousing
- Inspector
- Burnham T
Main issues, as the Inspector framed them
- Whether a convenience store would be appropriate within this location having regard to development plan policy and other considerations
- Whether the proposal would comply with development plan policy which seeks to steer new development away from areas at the highest risk of flooding
- Whether there would be any unacceptable adverse impact on highway safety with particular regard to the effect the level of on-site parking would have on the road network including on street parking for local residents
What decided it
The proposal's failure to satisfy the sequential test for flood risk, as the Inspector could not be certain that no suitable sites at lower flood risk were available in the wider north-eastern Kendal area.
Plan policies cited: Policy CS7.5 of the South Lakeland Core Strategy (2010), Policy LA1.2 of the South Lakeland Local Plan (2013), Policy CS8.8 of the South Lakeland Core Strategy, Policy DM6 of the South Lakeland Development Management Policies (2019), Policy CS10.2 of the South Lakeland Core Strategy, Policy DM9 of the South Lakeland Development Management Policies
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.