®Planning appeal decision
Millers Paddock, Broomfallen Road, Scotby, Carlisle, Cumbria, CA4 8DE
change of use of land to residential for a single family group comprising siting of 1 no. mobile home, 3 no. touring caravans, 1 no. utility room, 1 no. storage shed, 1 no. dog kennel, formation of hardstanding and installation of sewage treatment plant (part retrospective)
- Authority
- Carlisle City Council *
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Minor traveller and caravan pitches
- Inspector
- Hockenhull H
Main issues, as the Inspector framed them
- the effect of the proposal on highway safety with particular regard to users of the public right of way
- whether the proposed development would result in significant effects, either alone or in combination with other plans and projects, on the integrity of the River Eden Special Area of Conservation (SAC)
- whether there are other material considerations which outweigh the conflicts with the development plan and any other identified harm resulting from the appeal proposal
What decided it
The identified harm to highway safety and the likely significant adverse effect on the integrity of the River Eden SAC outweighed the benefits of the scheme, including the need for Gypsy and Traveller pitches and the appellant's personal circumstances.
the benefits of the scheme (need for Gypsy sites, lack of alternative sites, personal circumstances and best interests of the children) were outweighed by the harm to highway safety and to the integrity of the River Eden SAC
Framework references: 115, 180, 186
Plan policies cited: Policy HO11, Policy SP6, Policy G13
Judgments cited: Smith v SSLUHC & Ors [2022] EWCA 31 October 2022
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.