Land at Raiselands Farm, Penrith , CA11 9JW

the erection of 229 new build homes, including 30% affordable homes to include 9 no. 2 bed homes, 106 no. 3 bed homes and 114 no. 4 bed homes

Authority: Westmorland and Furness Council
Appeal type: minor · Planning Appeal
Procedure: Hearing
Development: residential · Other minor developments
Inspector: Johnson W

Main issues, as the Inspector framed them

Whether the variation of condition 27 (non-opening windows) to allow the option of opening windows in place of non-opening windows, attached to approval 14/0405 would provide satisfactory accommodation for occupiers of the approved development, with particular regard to bedroom windows from rail noise at night.

What decided it

The retention of mechanical ventilation as a genuine alternative to opening windows, combined with noise levels being significantly below the SOAEL, meant opening bedroom windows posed no significant risk to occupiers' health.

Framework references: 191, 198, 57

Plan policies cited: Policy ENV9

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