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Allowed25 June 20253359581

Land at Grid Reference E346580 N452460 , Lancaster Road, Cockerham, Lancashire, LA2 0EA

Planning appeal 3359581 at Land at Grid Reference E346580 N452460 , Lancaster Road, Cockerham, Lancashire, LA2 0EA (Lancaster City Council) was allowed on 25 June 2025 by Inspector Hobbs J, following a hearing. The main issue, as the Inspector framed it: whether the proposed wording of Condition 11 is reasonable and necessary.

Erection of up to 24 dwellings (C3) and provision of new vehicular access, and pedestrian access to Willey Lane, without complying with Condition 11 of planning permission 23/00750/VCN

Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Hobbs J

Main issues, as the Inspector framed them

  • whether the proposed wording of Condition 11 is reasonable and necessary
  • whether a Section 73 application is an appropriate means to alter the level of affordable housing previously secured
  • whether the proposal could make provision for affordable housing, having regard to viability

What decided it

The finding that the scheme could not viably deliver the previously secured level of affordable housing, and that removing the obligation would significantly improve the prospects of the substantially completed development being finished.

the benefit of improving the chances of delivery would outweigh the harm caused by granting a permission that does not include an obligation to provide affordable housing, despite the acute need for affordable housing

What the Inspector cited

Development plan policies
Policy DM3
National Planning Policy Framework
Paragraph 57Paragraph 56Paragraph 58
Judgments
Norfolk Homes Ltd v North Norfolk District Council and another [2020] EWHC 2265 (QB)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The authority’s record since 2016 · every decision in 2025

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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 appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.