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Planning appeal decision

Dismissed22 December 20233325254

5 Dalton Road, Lancaster, LA1 3HD

Planning appeal 3325254 at 5 Dalton Road, Lancaster, LA1 3HD (Lancaster City Council) was dismissed on 22 December 2023 by Inspector Robbie K, by written representations. The main issue, as the Inspector framed it: Whether the development would provide suitable living conditions for future occupiers with particular regard to outlook and privacy and the adequate provision of external amenity space.

Erection of 2 new dwellings and associated landscaping and access

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Robbie K
Postcode
LA1 3HD

Main issues, as the Inspector framed them

  • Whether the development would provide suitable living conditions for future occupiers with particular regard to outlook and privacy and the adequate provision of external amenity space
  • The living conditions of occupiers of surrounding dwellings with particular regard to overshadowing and privacy
  • Whether the development provides adequate mitigation for the loss of existing trees on the site
  • Surface water drainage

What decided it

The significant harm to the living conditions of both future and existing occupiers, combined with inadequate mitigation for loss of trees, substantially and demonstrably outweighed the limited benefit of two additional dwellings in an area with housing shortfall.

The limited benefits of providing two additional dwellings and moderate benefit from sustainable features were significantly and demonstrably outweighed by significant harm to living conditions of existing and future occupiers and to biodiversity, such that the proposal did not represent sustainable development.

What the Inspector cited

Development plan policies
Policy DM29Policy DM44Policy DM45Policy DM34Policy DM35
National Planning Policy Framework
Paragraph 11Paragraph 12

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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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.