Planning appeal decision
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
- Authority
- Lancaster City Council
- 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 appliedThe decision letter
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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.
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