®Planning appeal decision
Land west of Highland Brow, Galgate, LA2 0NG
a residential development for up to 108 dwellings with access considered
- Authority
- Lancaster City Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- McDonald K
Main issues, as the Inspector framed them
- Whether the site is suitable for the proposed development, having regard to the Council's spatial strategy.
- Whether the proposed development would be in a suitable location with regard to local and national policies relating to flood risk.
- The effect of the proposal on the character and appearance of the area.
- Whether the proposal could satisfactorily accommodate the quantum of development proposed, having regard to the effect on the living conditions of existing residents.
- The effect of the proposal on the strategic road network.
- Whether the proposal would support active and sustainable modes of travel.
What decided it
The failure to satisfy the flood risk sequential test, which disengaged the tilted balance and carried overriding substantial weight against the proposal.
The substantial weight given to housing and affordable housing delivery, together with significant and limited weight for highway betterment, drainage betterment, character/appearance and socio-economic benefits, was outweighed by the overriding substantial weight attributed to the failure of the flood risk sequential test.
Framework references: 11, 173
Plan policies cited: Policy SP2, Policy SP3, Policy DM4, Policy SG1, Policy SP8, Policy DM33, Policy DM34, Policy T3, Policy DM46, Policy DM27, Policy DM29, Policy DM30, Policy DM57, Policy SP10, Policy DM60, Policy DM61, Policy DM63
Judgments cited: Wathen-Fayed v SSLUHC [2023] EWHC 92 (Admin); Substation Action Save East Suffolk Ltd v SSESNZ [2024] EWCA Civ 12; Mead Realisations Limited and Redrow Homes Limited v SSLUHC [2024] EWHC 279 (Admin)
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.