®Planning appeal decision
Land at New Oaks Farm, Kirkstone Road, Ambleside, LA22 9EJ
Without planning permission, the making of a material change of use of the land to residential, including the residential occupation of a caravan with domestic garden, vehicle parking and storage, and the carrying out of associated works to facilitate the residential use including the erection of a fence and gates, timber decking with balustrade and steps, and the installation of concrete block pillars and metal jacks to support the caravan and the installation of a chimney breast and flue to the caravan
- Authority
- Lake District
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Minor traveller and caravan pitches
- Inspector
- Harbottle M
Main issues, as the Inspector framed them
- Whether the appeal site is within open countryside.
- If the appeal site is within open countryside, whether there is an essential need for the use and the associated operational development.
What decided it
The appellant failed to demonstrate an essential need to live on the site in open countryside in connection with keeping horses, so the deemed planning application conflicted with Policy 02 and permission was refused.
The unacceptable conflict with Policy 02 arising from unjustified residential development in open countryside was not outweighed by any benefit, while the neutral considerations of highway safety and renewable energy compliance did not weigh in favour of granting permission.
Plan policies cited: Policy 02, LP policy 01, Policy 20
Judgments cited: Skerritts of Nottingham Ltd v SSETR & Harrow LBC (No. 2) [2000] EWCA Civ 5569; [2000] JPL 1025
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.