The Development Control Committee
The Development Control Committee
The planning application was considered by the Defendant’s Development Control Committee [“the Committee”] at its meeting on 1 May 2024. In advance of the meeting, members of the Committee were provided with a very detailed report on the development [“the Report”] prepared by the area planning officer and agreed by the Defendant’s Head of Development Management, Mr Andrew Smith. The officers recommended that planning permission be granted for the development subject to conditions. Draft conditions were included in the Report.
The minutes of the Committee’s meeting on 1 May 2024 record that having considered the planning application for the development, the Committee decided to approve the application and grant planning permission subject to the imposition of conditions. The motion to approve the planning application was proposed by Ms Hunt and seconded by Ms Vicky Hughes. Three members votes in favour of approval. Three members voted against approval. The planning application was approved on the casting vote of the Chair of the Committee, Mr Mark Kidd. There is a transcript of the Committee’s discussion of the planning application, which lasted for well over one hour. I shall need to refer to that transcript when I come to consider ground 1 below.
- Heading
- Introduction
- The grounds of challenge
- The application to amend
- Legislative and policy context
- National Parks – purposes and duties
- The Sandford principle
- Judicial review of local planning authority decision taking
- Lake District National Park Local Plan
- Factual background
- The Claimant’s objections to the development
- The Development Control Committee
- The planning officer’s report
- Movement and activity
- Landscape character and appearance
- Historic environment and cultural heritage
- The planning officer’s conclusions and recommendation
- The planning permission
- The unilateral undertaking
- Ground 1
- The Claimant’s submissions in summary
- Discussion
- Conclusion
- Ground 1A – the application to amend
- Ground 2
- Discussion
- Conclusion
- Ground 3
- Discussion
- Conclusions
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