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Planning appeal decision

Dismissed27 June 20243337571

Former Co-op Warehouse, John Street, Carnforth, Lancashire, LA5 9DA

the change of use of basement areas to two dwellings

Authority
Lancaster City Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Lancaster K

Main issues, as the Inspector framed them

  • Whether the development provides adequate living conditions for future occupiers, with particular regard to outlook, light and the size and layout of the internal accommodation

What decided it

The failure to provide adequate outlook and daylight for future occupiers, which conflicts with Policies DM13 and DM29 of the development plan and paragraph 135 of the Framework, could not be outweighed by the housing supply benefits given the importance of achieving well-designed places.

The significant undersupply of housing land (2.1 years) and benefits of brownfield reuse and housing delivery were outweighed by the significant harm to living conditions through inadequate outlook and light, as the creation of high-quality places is fundamental to the planning process.

Framework references: 11, 135

Plan policies cited: Policy DM13, Policy DM29, Appendix H

Judgments cited: R (Cherkley Campaign Ltd) v Mole Valley DC [2014] EWCA Civ 567; Davison v Elmbridge Borough Council [2019] EWHC 1409 (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.

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.