Planning appeal decision
Land south of Leece Lane, Barrow in Furness, LA13 0HG
residential development comprising 19 dwellings with extensive landscaping / biodiversity enhancements and associated works including access, car parking and SUDS (resubmission B07/2022/0653)
- Authority
- Westmorland and Furness Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- Wilders B
Main issues, as the Inspector framed them
- whether the design of the proposed development is acceptable and its effect on the character and appearance of the area
- whether the affordable housing is suitable to meet needs, whether its design is acceptable and whether future occupiers would have adequate living conditions having regard to noise and disturbance and outlook
- whether the car parking and cycle parking arrangements are adequate
- whether the proposal demonstrates a net gain in biodiversity
- whether the proposal provides suitable open space including play space
- whether the proposed drainage design is acceptable
- whether the proposed green infrastructure is acceptable
- whether the proposal meets requirements for energy efficiency and designing out crime
- whether the proposal meets local housing need
What decided it
The cumulative harm from poor design and character/appearance impact, inadequate living conditions for affordable housing occupiers, and biodiversity net loss significantly and demonstrably outweighed the benefits even under the tilted balance.
The adverse impacts of granting permission (poor design/character harm, inadequate affordable housing living conditions, biodiversity net loss, inadequate play space, drainage uncertainty) were found to significantly and demonstrably outweigh the benefits (housing and affordable housing delivery, economic benefits, financial contributions) even applying the tilted balance under paragraph 11(d)(ii).
Framework references: 11, 61, 63, 78
Plan policies cited: Policy DS2, Policy DS5, Policy DS6, Policy N1, Policy H7, Policy H9, Policy H14, Policy I6, Policy H24, Policy N3, Policy N4, Policy C3a, Policy GI1, Policy GI2, Policy GI3, Policy GI5, Policy GI6, Policy C5, Policy HC5, Policy H11, Policy HC10
Judgments cited: Cala Homes judgement [2011] EWHC 97 (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.
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