®Planning appeal decision
The Crafty Baa, 19-21 Victoria Street, WINDERMERE, Cumbria, LA23 1AB
failure to comply with conditions imposed on a planning permission ref 7/2017/5792 granted on 13 April 2018
- Authority
- Lake District
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- retail · Other minor developments
- Inspector
- Tweddle J
Main issues, as the Inspector framed them
- Appeal A: Whether the disputed conditions (5, 6, and 8) are reasonable and necessary having regard to the living conditions of occupiers of No.17 Victoria Street (noise and disturbance) and the requirement to preserve or enhance the character or appearance of the Windermere Conservation Area and its effect on the Lake District National Park and the English Lake District World Heritage Site
- Appeal B: The effect of the development on the living conditions of occupiers of No.17 Victoria Street (noise and disturbance, outlook, and light) and whether the development preserves or enhances the character or appearance of the Windermere Conservation Area and its effect on the Lake District National Park and the outstanding universal value of the English Lake District World Heritage Site
What decided it
The proximity of the outdoor seating area to the neighbouring residential property at No.17 Victoria Street, combined with the harmful visual impact on the Conservation Area and World Heritage Site, meant that the disputed conditions were reasonable and necessary, and planning permission could not be granted without their compliance.
Framework references: 189, 214, 215
Plan policies cited: Policy 17, Policy 06, Policy 07
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.