Thorntrees, Ennerdale, CLEATOR, CA23 3AR

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision Site visit made on 13 July 2022 by M Clowes BA (Hons) MCD PG CERT (Arch Con) MRTPI an Inspector appointed by the Secretary of State Decision date: 8 August 2022 Appeal Ref: APP/Q9495/W/22/3293903 Land adjacent to Thorntrees, Ennerdale Bridge, Cumbria CA23 3AR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant permission in principle. • The appeal is made by Mr & Mrs Smith against the decision of Lake District National Park Authority. • The application Ref 7/2021/4076, dated 9 June 2021, was refused by notice dated 2 September 2021. • The development proposed is planning permission in principle for residential development. Decision 1. The appeal is dismissed. Procedural Matters and Main Issue 2. The proposal is for permission in principle. The Planning Practice Guidance (PPG) advises that this is an alternative way of obtaining planning permission for housing-led development. The permission in principle consent route has 2 stages: the first stage (or permission in principle stage) establishes whether a site is suitable in principle, and the second stage (technical details consent) is when the detailed proposals are assessed.

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision This appeal relates to the first of these 2 stages. As such, I have regarded all detailed elements of the submitted drawings as indicative only. 3. The scope of the considerations for permission in principle is limited to location, land use and the amount of development permitted. All other matters are considered as part of a subsequent technical details consent application, if permission in principle is granted. Against that context, the main issue in this appeal is whether the site is suitable for residential development having regard to its location, the proposed land use and amount of development. Reasons 4. Policy 02 of the Lake District National Park Local Plan 2020-2035 (Local Plan) 2021, establishes Ennerdale Bridge as a settlement where new development can be permitted providing amongst other things, that it strengthens community viability and resilience and is within or well related to the form of the settlement. It further requires new development to protect, maintain or enhance the local distinctiveness, character and landscape setting whilst making an efficient use of land. https://www.gov.uk/planning-inspectorate

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision Appeal Decision APP/Q9495/W/22/3293903 Location 5. The appeal site is a trapezoid shaped parcel of grassland located on the south- western edge of Ennerdale Bridge. It is separated from the main road into the village by a mature hedgerow and the coast to coast footpath. There are 3 detached dwellings set within generous plots on the opposite side of the road. The appeal site is not isolated geographically and is well-connected, being within a short walk of the village facilities including 2 pubs, a café and shop and a primary school. Paragraph 85 of the National Planning Policy Framework (the Framework) states that sites that are physically well-related to existing settlements should be encouraged, where suitable opportunities exist. It is therefore important to take into account site specific considerations. 6. I saw that Thorntrees is the last in a row of properties that share a reasonably consistent rear boundary line, on the northern side of the main road. It is orientated to face eastwards away from the adjacent appeal site and therefore, forms somewhat of a bookend to the layout of the village in this location.

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision As Thorntrees has a raised garden area to the south that tapers towards the road, there would be a substantial gap between it and any proposed dwellings on the appeal site. The gap would be larger than any opening between the dwellings on the opposite side of the road. As this neighbouring property is tucked down below the level of the appeal site and there are mature trees to the roadside, any new dwellings here would not be well-related visually to existing built form on this side of the road. Therefore, whether or not the appeal site can be considered as part of the village settlement, nevertheless development on the northern side of the road would appear tagged onto, rather than integrating with the prevalent layout and character of the village. 7. The extent of the appeal site would result in a relatively large and deep incursion into an undeveloped field. Any dwellings here would be artificial interventions in the landscape and at odds with the existing layout of the village. The backdrop to the south would consist of a mature hedgerow with additional tree planting and the discontinuous housing opposite, rather than any solid built form.

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision The existing hedgerow would soften but not mitigate the impact of the proposed dwellings, as viewed from the main road. I share the Council’s concerns that the proposed paired access, could result in a substantial amount of hedgerow being removed and/or realigned in order to achieve the required visibility splays. Such an incursion through the hedgerow would exacerbate the artificial intervention into the undeveloped field. 8. It is recognised that there is an intermittent pattern of housing on the opposite side of the road. The age and circumstances of these properties including the planning policy context that they were permitted under is however unknown. Such development does not mean housing is automatically acceptable on the appeal site. This is both for the reasons set out above and also that it would likely result in built development sprawling further to the south-west, beyond the main house and outbuilding belonging to Greenthwaite, albeit I recognise that the layout shown is indicative at this stage. I appreciate that limited residential developments for local needs can help to sustain and enable rural villages to thrive.

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision However, the ribbon development proposed in this particular location would harm the bucolic and pastoral setting of the village, which being within a National Park is afforded the highest landscape protection. https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/Q9495/W/22/3293903 Land Use 9. All new dwellings on small windfall sites of up to 5 dwellings are required to meet an identified local need in accordance with Policy 15 of the Local Plan (2021) and the guidance set out in the Housing Supplementary Planning Document (2021).

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision Appeal Decision APP/Q9495/W/22/3293903 Land Use 9. All new dwellings on small windfall sites of up to 5 dwellings are required to meet an identified local need in accordance with Policy 15 of the Local Plan (2021) and the guidance set out in the Housing Supplementary Planning Document (2021). | I have 2 appeals before me which relate to the implications of whether | | --- | | planning obligations can be required at the permission in principle stage | | (appeal references 3282243 and 3269210). Planning permission is not | | achieved until both the permission in principle and technical details stages have | | been completed. In this regard the procedure differs significantly from an | | outline permission which is the ‘planning permission.’ The PPG is clear that | | neither planning obligations nor conditions can be secured at the permission in | | principle stage. Instead, the PPG guides that obligations may be needed at the | | technical details consent stage. E |

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision | I have 2 appeals before me which relate to the implications of whether | | --- | | planning obligations can be required at the permission in principle stage | | (appeal references 3282243 and 3269210). Planning permission is not | | achieved until both the permission in principle and technical details stages have | | been completed. In this regard the procedure differs significantly from an | | outline permission which is the ‘planning permission.’ The PPG is clear that | | neither planning obligations nor conditions can be secured at the permission in | | principle stage. Instead, the PPG guides that obligations may be needed at the | | technical details consent stage. E | tdewcehlnliincgasl daest aseilsrv cinogn sleoncat ls ntaegeed.s Eavnedn tihf eIy w ceoruel dt ob eco snesciduerer dt haes psruocpho, stehde ir

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision tdewcehlnliincgasl daest aseilsrv cinogn sleoncat ls ntaegeed.s Eavnedn tihf eIy w ceoruel dt ob eco snesciduerer dt haes psruocpho, stehde ir | location would be unacceptable for the above reasons. I note that neither the | | --- | | support for such dwellings in the development plan nor the Framework is | | unconditional, but rather conditional on securing an appropriate location. |

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision | location would be unacceptable for the above reasons. I note that neither the | | --- | | support for such dwellings in the development plan nor the Framework is | | unconditional, but rather conditional on securing an appropriate location. |

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision Amount 11. The site area is 0.198ha and it is proposed for the development of a minimum of 1 and maximum of 2 dwellings. This would result in a very low density of residential development, particularly if it were to be developed for just 1 dwelling. Nevertheless, density is a matter that would be considered at the subsequent technical details consent stage. 12. For the above reasons, the site is not a suitable location for residential development, having regard to its location. The proposal would conflict with Policies 02, 05 and 06 of the Local Plan (2021) which together seek to support development that gives the highest protection to the landscape, achieves a sustainable pattern of growth and reinforces local character. I find further conflict with paragraph 176 of the Framework which requires me to give great weight to conserving and enhancing landscape and scenic beauty in the National Park. Planning Balance and Conclusion 13. The proposal for new housing development would help to support a prosperous rural economy, particularly if secured for local needs and it would boost local housing supply.

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — Appeal Decision However, the benefits in these regards from up to 2 houses, would be relatively modest and would not therefore outweigh the adverse effects I have found would be caused in relation to the main issue. For the above reasons, having considered the development plan as a whole, the approach in the Framework, and all other relevant material considerations, the appeal should be dismissed.

Thorntrees, Ennerdale, CLEATOR, CA23 3AR — Lake District — M Clowes INSPECTOR https://www.gov.uk/planning-inspectorate 3