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Notice upheld11 December 20233325144

Land at New Oaks Farm, Kirkstone Road, Ambleside, LA22 9EJ

Planning appeal 3325144 at Land at New Oaks Farm, Kirkstone Road, Ambleside, LA22 9EJ (Lake District) was dismissed on 11 December 2023 by Inspector Harbottle M, following an inquiry. The main issue, as the Inspector framed it: Whether the appeal site is within open countryside.

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
Postcode
LA22 9EJ

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.

What the Inspector cited

Development plan policies
Policy 02LP policy 01Policy 20
Judgments
Skerritts of Nottingham Ltd v SSETR & Harrow LBC (No. 2) [2000] EWCA Civ 5569; [2000] JPL 1025

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 2023

  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.