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Planning appeal decision

Dismissed17 April 20243329525

Land South of Prizet Filling Station Southbound, Helsington, KENDAL , LA8 8AA

construction of new business building (Use Class E) with associated car parking and site works

Authority
Westmorland and Furness Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
employment-industrial · Minor offices/R&D/light industry
Inspector
Teasdale N

Main issues, as the Inspector framed them

  • Whether the site location is suitable for the proposed development, having regard to development plan policy governing proposals within the open countryside
  • Whether the submitted Sequential Assessment sufficiently demonstrates that there are no suitable and available sites for the proposal within town centre, edge of centre or more accessible out of centre locations
  • Whether the site location is suitable for the proposed development, having regard to its accessibility by sustainable transport modes
  • The effect of the proposed development on flood risk

What decided it

The proposal fails the sequential test for main town centre uses and is located in an unsustainable location with poor accessibility by sustainable transport modes, contrary to both development plan policy and the Framework.

Framework references: 91, 92, 95, 108, 109, 116, 173

Plan policies cited: Policy CS1.1, Policy CS1.2, Policy CS2, Policy CS7.5, Policy CS8.8, Policy CS10.2, Policy LA1.0, Policy LA1.1, Policy LA1.2, Policy LA1.6, Policy LA1.7, Policy DM6, Policy DM13

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.