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Planning appeal decision

Notice upheld14 February 20243320772

Birkett Mire, Keswick, Cumbria, CA12 4TT

Planning appeal 3320772 at Birkett Mire, Keswick, Cumbria, CA12 4TT (Lake District) was dismissed on 14 February 2024 by Inspector Robbie G, by written representations. The main issue, as the Inspector framed it: The effects of the appeal scheme upon the character and appearance of the appeal site and surrounding area.

Without planning permission, the making of a material change of use of the land from agriculture to a mixed use of agriculture and the siting of a shepherd’s hut occupied as holiday letting accommodation and associated operational development consisting of the formation of areas of hardstanding and installation decking

Authority
Lake District
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Robbie G
Postcode
CA12 4TT

Main issues, as the Inspector framed them

  • The effects of the appeal scheme upon the character and appearance of the appeal site and surrounding area
  • Flood risk
  • The River Derwent and Bassenthwaite Special Area of Conservation

What decided it

The shepherd's hut's location in a visually and functionally isolated position away from the existing approved group, combined with its siting in a higher flood risk area where a lower-risk alternative exists, and the inability to prevent a net increase in accommodation units affecting the SAC.

What the Inspector cited

Development plan policies
Policy 01Policy 02Policy 03Policy 04Policy 05Policy 06Policy 18
National Planning Policy Framework
Paragraph 56

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 Lake District

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

  1. Notice varied and upheld6 July 20263356610
    Land Opposite Orchard View, Saltcoats, Holmrook, CA19 1YY
  2. Planning permission granted26 June 20263377594
    Land at South Barn, Ayside, Grange Over Sands, LA11 6HY
  3. Notice varied and upheld23 June 20263376839
    Thwaite Howe, Thornthwaite, Keswick, CA12 5SA
  4. Notice varied and upheld5 June 20263362991
    Land at Bell Intake, High Dam, Finsthwaite Ulverston, Cumbria, LA12 8BN
  5. Notice upheld28 May 20263374745
    Old Bank House , Lake Road, Ambleside, LA22 0AD

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.