Stone Arthur, School Road, KIRKBY-IN-FURNESS, LA17 7TF

Authority: Westmorland and Furness Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: leisure-sport · Change of use
Inspector: Freer P

Main issues, as the Inspector framed them

Whether the use of the property as a holiday let constitutes a material change of use requiring planning permission
Whether planning permission ought to be granted for the change of use, having regard to the effect on the living conditions of occupiers of surrounding residential properties
Whether the period for compliance specified in the enforcement notice is reasonable

What decided it

The material change of use from residential dwelling to holiday let caused unacceptable harm to the living conditions of neighbouring residents through noise, disturbance, and parking impacts that could not be adequately mitigated by conditions, and this harm took precedence over policy support for tourism.

Framework references: 88

Plan policies cited: Policy DM1, Policy CS7.6, Policy CS3.1

Read the decision letter on the Inspectorate’s site

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What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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