®Planning appeal decision
Duke Of Cumberland, 1 Appleby Road, Kendal, LA9 6ES
Planning appeal 3315309 at Duke Of Cumberland, 1 Appleby Road, Kendal, LA9 6ES (South Lakeland District Council *) was dismissed on 20 September 2023 by Inspector Burnham T, by written representations. The main issue, as the Inspector framed it: Whether a convenience store would be appropriate within this location having regard to development plan policy and other considerations.
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
- Postcode
- LA9 6ES
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.
What the Inspector cited
- Development plan policies
- 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 StrategyPolicy DM6 of the South Lakeland Development Management Policies (2019)Policy CS10.2 of the South Lakeland Core StrategyPolicy DM9 of the South Lakeland Development Management Policies
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 appliedThe 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.
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What an account adds to this decision
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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.