Decision details

Planning Application No. SL/2022/0332 Garden of Castle Mount, Burton Road, Oxenholme, Kendal LA9 7PR

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


Erection of detached dwelling.


The Principal Planning Officer provided a presentation outlining the details of the proposal.  The position of the site in relation to Kendal and Oxenholme was established with a site plan being displayed. The site for the proposed dwelling was presented and explained with access points being highlighted and an inset map illustrating the settlement boundary. The land earmarked for the Application was set outside of the development boundary, with a variety of diagrams and photographs being displayed to provide the visual setting.


The Principal Planning Officer explained that the Application had been called in by Councillor Rathbone on the grounds that he considered it an ‘infill’ development, despite being outside the settlement boundary. The existing development boundary close to Burton Road was immediately to the west of the site. 


Key policy points relative to the Application were discussed including reference to Development Strategy and Policy.


The Principal Planning Officer presented key policy points which related to the application, including the Development Strategy and Policy and provided an overview of the report.  He drew Members’ attention to the material considerations as outlined in the report and noted potential exceptions to Policy.


The Principal Planning Officer assessed the Application against the development plan via Policy DM12 Self Build and Custom Build Housing, DM13 Housing Development in Small Villages and Hamlets (Outside the AONB) and DM14 (Rural Exceptions). These policies provided scope for small and windfall sites, ensuring that for each form of housing, the qualifying criteria were met. The criteria was assessed in relation to this Application and the parameters and rules were discussed.


The Principal Planning Officer’s recommendation was that the Application be refused on the grounds that the development was situated outside the settlement boundary and would undermine the aims of Policy LA1.1 of the Land Allocations Development Plan Document (LADPD).


Public Speaker: Kate Bellwood (Planning Agent) spoke in support of the proposal.


The Principal Planning Officer addressed the points raised during the public participation.


The Principal Planning Officer responded to questions raised by Members and in doing so, stressed that each application be considered on its own merits and deviation from policy should only occur in very exceptional circumstances. The planning process was designed to guide and ensure that new developments are delivered in sustainable locations. The cumulative effect of allowing houses to be built outside of this strategy would be harmful and undermine the Council’s approved Development Strategy.


The Chairman stipulated the value and importance of the Council agreed policies unless there were exceptional circumstances.


Members requested an update on self-build targets and sight of our performance figures. The Planning Officer responded with illustrative slides showing that the Council was exceeding its targets for self-build properties. Members queried if the proposed Application was an environmentally friendly design. The Planning Officer stated that as this was an outline application there was no firm proposals to suggest that this Application would match environmental targets.


A motion to refuse the application following the Planning Officer’s recommendation was proposed and seconded and a vote taken and it was:


RESOLVED: - That the application seeking planning permission be refused on the following grounds:-


Reason for Refusal:


The proposed development is located outside the settlement boundary for Oxenholme and is therefore contrary to Policy LA1.1 of the Land Allocations Development Plan Document, the purpose of which is to ensure that new homes are delivered in sustainable locations and to protect the character of the surrounding landscape. The proposal will therefore not be in a sustainable location and will be harmful to the character of the surrounding landscape. As such, it would be contrary to policies LA1.1 of the Land Allocation Development Plan Document, CS1.2 of the South Lakeland Core Strategy and DM12 of the Local Plan Development Management Policies Development Plan Document.

Publication date: 12/08/2022

Date of decision: 16/06/2022

Decided at meeting: 16/06/2022 - Planning Committee

Accompanying Documents: