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Dismissed5 January 20243317287

Millers Paddock, Broomfallen Road, Scotby, Carlisle, Cumbria, CA4 8DE

Planning appeal 3317287 at Millers Paddock, Broomfallen Road, Scotby, Carlisle, Cumbria, CA4 8DE (Carlisle City Council *) was dismissed on 5 January 2024 by Inspector Hockenhull H, following a hearing. The main issue, as the Inspector framed it: the effect of the proposal on highway safety with particular regard to users of the public right of way.

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)

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Hockenhull H
Postcode
CA4 8DE

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

What the Inspector cited

Development plan policies
Policy HO11Policy SP6Policy G13
National Planning Policy Framework
Paragraph 115Paragraph 180Paragraph 186
Judgments
Smith v SSLUHC & Ors [2022] EWCA 31 October 2022

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 Carlisle City Council

The authority’s record since 2016 · every decision in 2024

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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.

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.