Headquarters, Blencathra Street, Keswick, Cumberland, CA12 4HW
Lake District — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 17 April 2024
- Authority
- Lake District
- Inspector
- Harrison F
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mr J Calam
- LPA reference
- 7/2023/2035
- ONS LPA code
- E26000011
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 30 January 2024
Summary AI
The appeal to convert a hair salon to short-term holiday letting accommodation was dismissed due to the property's suitability for local need housing and its impact on heritage assets. The inspector found that the property would be a good fit for permanent occupation and local need housing, but the development conflicted with local plan policies on housing supply and conservation of heritage assets. The appeal site is located within the Lake District National Park, Keswick Conservation Area, and the English Lake District World Heritage Site.
PDF text
Headquarters, Blencathra Street, Keswick, Cumberland, CA12 4HW — Lake District — Appeal Decision Site visit made on 26 March 2024 by F Harrison BA(Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 17 April 2024 Appeal Ref: APP/Q9495/W/23/3333130 Headquarters, Blencathra Street, Keswick CA12 4HW • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr J Calam against the decision of the Lake District National Park Authority. • The application Ref is 7/2023/2035. • The development is the conversion from hair salon to short term holiday letting accommodation. Decision 1. The appeal is dismissed. Preliminary Matter 2. The change of use has already taken place therefore I am considering this appeal retrospectively. During the appeal, a new version of the National Planning Policy Framework (the Framework) came into effect but there are no material changes relevant to the substance of the appeal. Main Issue 3. The main issue is whether or not the appeal property is suitable for local need housing, with regard to internal space. Reasons 4.
Headquarters, Blencathra Street, Keswick, Cumberland, CA12 4HW — Lake District — Appeal Decision The appeal property lies within the Lake District National Park where there is limited environmental capacity for new development and pressures for change which must be accommodated sensitively and harmoniously. It is located within Keswick, identified as a rural service centre in the Lake District National Park Local Plan 2020-2035 (2021) (LP). Policy 02 of the LP requires development to support and maintain the vibrancy of settlements and seeks to ensure that development in rural service centres contributes towards meeting identified local needs as fully and as reasonably as is possible. 5. The LP identifies that there is pressure on the existing housing stock, in part due to second homes and homes being used for holiday letting purposes. In recognition that one of the challenges to sustaining vibrant communities is the availability of housing, Policy 15 of the LP seeks to achieve a balanced and resilient housing market with a high proportion of properties in permanent occupation.
Headquarters, Blencathra Street, Keswick, Cumberland, CA12 4HW — Lake District — Appeal Decision In support of this aim, Policy 18 of the LP sets out the circumstances under which proposals for the reuse of existing buildings for short term holiday letting may be acceptable, including where it would not https://www.gov.uk/planning-inspectorate
Headquarters, Blencathra Street, Keswick, Cumberland, CA12 4HW — Lake District — Appeal Decision In support of this aim, Policy 18 of the LP sets out the circumstances under which proposals for the reuse of existing buildings for short term holiday letting may be acceptable, including where it would not https://www.gov.uk/planning-inspectorate
Headquarters, Blencathra Street, Keswick, Cumberland, CA12 4HW — Lake District — Appeal Decision Appeal Decision APP/Q9495/W/23/3333130 utilise a building that is suitable for providing local need housing. As such, there is a clear policy requirement for development to increase the supply of homes to meet local community need. 6. The appeal property provides a gross internal floor area of 33.4 square metres. It is not disputed that this falls short of the advised minimum gross internal floor areas for a one person and two person one-bedroom home in the Housing Supplementary Planning Document (2023) (SPD), which have been taken from the nationally described space standards. Notwithstanding that internal space standards are indicative of a high quality of accommodation that meets occupiers’ needs, a numerical breach of the guidance in the SPD, in itself, does not indicate that satisfactory living accommodation cannot be achieved at the appeal property. 7. I observed the appeal property to comprise a well-proportioned open plan kitchen, dining and living room area and an adequately sized double bedroom. The windows in these rooms are not unduly small providing satisfactory natural light and outlook and both rooms incorporate storage space. While the shower room and toilet are separate, they are in adjacent rooms.
Headquarters, Blencathra Street, Keswick, Cumberland, CA12 4HW — Lake District — Appeal Decision Irrespective of whether the property would be occupied by one or two people, the accommodation creates a pleasant living environment, with a comfortable and functional layout that is fit for purpose for permanent occupation. 8. The SPD space standards are used to help guide decisions on housing size and are not an absolute requirement. Overall, the accommodation at the appeal property is well-designed and the size and internal arrangement provides for a high-quality home. Consequently, the appeal property would be suitable for local need housing. 9. Policy 18 of the LP recognises the economic benefits of tourism industries in the Lake District, however the reuse of existing buildings for short term holiday lettings is only acceptable where a series of criteria are met. I have no reason to doubt that the appellant has given their best endeavours to find a commercial use for the property, and while it may be superfluous to the appellant as a residence, given my findings above that the property would be fit for purpose for permanent occupation and local need housing, overall the development does not attract support from Policy 18. 10.
Headquarters, Blencathra Street, Keswick, Cumberland, CA12 4HW — Lake District — Appeal Decision To conclude, the appeal property would be suitable for local need housing, with regard to internal space and therefore the development conflicts with Policies 02, 15 and 18 of the LP. Other Matters 11. The appeal site is located within the Keswick Conservation Area (KCA) and the English Lake District World Heritage Site (WHS). In line with section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act), I have paid special attention to the desirability of preserving or enhancing the character or appearance of the KCA. I also recognise that the WHS is a designated heritage asset of the highest significance, internationally recognised as being of outstanding universal value (OUV) and I attach great weight to the asset’s conservation as directed by Paragraph 205 of the Framework. 12. From my observations, the significance of the KCA, insofar as is relevant to this case, is largely derived from its surviving historic fabric and the associated https://www.gov.uk/planning-inspectorate 2
Headquarters, Blencathra Street, Keswick, Cumberland, CA12 4HW — Lake District — Appeal Decision Appeal Decision APP/Q9495/W/23/3333130 architectural detailing and layout of the buildings within it. Forming part of the tight-knit street pattern and of a traditional appearance, the appeal property makes a positive contribution to the KCA. The attributes of the OUV of the WHS and its significance, in so far as it pertains to the appeal, is derived in part from its historic interest as a spectacular and inspirational landscape, combined with its continuous and distinctive agro-pastoral traditions and rich cultural and vernacular architectural heritage. The appeal site forms part of the historic development of Keswick and therefore contributes positively to the aesthetic and cultural value of the WHS. 13. Bearing in mind the nature and extent of the development, it has a neutral effect on, and therefore preserves, the character and appearance of the KCA as a whole. For the same reasons, I find that it maintains the OUV of the WHS. As such, the development does not harm the significance of these designated heritage assets. In doing so the development meets the requirements of section 72(1) of the Act and the provisions of the Framework which seek to conserve and enhance the historic environment.
Headquarters, Blencathra Street, Keswick, Cumberland, CA12 4HW — Lake District — Appeal Decision I note the Council raised no concerns in this respect either. 14. The appeal site is also located within the catchment of the River Derwent and Bassenthwaite Lake Special Area of Conservation, afforded protection under the Conservation of Habitats and Species Regulations 2017 (the Regulations). The Regulations require that planning permission may only be granted after having ascertained that the development would not affect the integrity of a designated habitat. However, it is not necessary for me to consider the implications of the development upon the protected site because the scheme is unacceptable for other reasons. Conclusion 15. My above findings bring the development into conflict with the development plan, read as a whole. There are no material considerations that indicate that I should take a decision otherwise than in accordance with it. Therefore, I conclude that the appeal is dismissed.
Headquarters, Blencathra Street, Keswick, Cumberland, CA12 4HW — Lake District — F Harrison INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Housing land supply Against appellant ¶5
The property's internal space standards were found to be below the recommended minimum, but the inspector concluded that satisfactory living accommodation could be achieved at the appeal property.
Living conditions For appellant ¶7
The inspector found that the accommodation at the appeal property was well-designed and provided a high-quality home, suitable for permanent occupation.
Heritage impact Against appellant ¶11
The appeal site is located within the Keswick Conservation Area and the English Lake District World Heritage Site, and the inspector found that the development would have a neutral effect on the character and appearance of the KCA, but the property contributes positively to the aesthetic and cultural value of the WHS.
Ecology and biodiversity Against appellant ¶14
The appeal site is located within the catchment of the River Derwent and Bassenthwaite Lake Special Area of Conservation, but the inspector found it unnecessary to consider the implications of the development on the protected site as the scheme is unacceptable for other reasons.
Policies relied on
| Reference | Weight |
|---|---|
| Policy 02 of the LP (LP) |
Determinative |
| Policy 15 of the LP (LP) |
Determinative |
| Policy 18 of the LP (LP) |
Determinative |
| Paragraph 205 of the Framework (Framework) |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 17 April 2024 under the Open Government Licence.