Property description

A freehold building plot with planning consent for a single two bedroom, two storey house, situated in the heart of Windermere. The plans and notice of grant of planning permission Ref 7/2014/40751 are available from our offices with the completed property having a local occupancy restriction.



The development is subject to the following conditions:



1 The development hereby permitted shall be commenced before the expiration of THREE years from the date hereof.



REASON: Imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act, 1990.



2 Unless otherwise agreed in writing by the Local Planning Authority, the development hereby permitted shall not be carried out otherwise than in complete conformity with the submitted plans and details received by the

Local Planning Authority:



- Design and Access Statement - 9 February 2015.

- Policy CS16 Statement - 9 February 2015.

- Heritage Statement - 9 February 2015.

- Construction Method Statement - 9 February 2015.

- Tree Constraints Report - David Trafford Arboricultural Services - 9 February 2015.

- Tree Survey - 9 February 2015.

- 5712-02D - Proposed Plans and Elevations - 9 February 2015.

REASON: For the avoidance of doubt and to ensure a satisfactory standard of development.



3 The dwellinghouse(s) hereby permitted shall not be occupied otherwise than by a Person with a Local Connection as his or her Only or Principal Home, or the widow or widower of such a person, and any dependents of such a person living with him or her.

The Occupant will supply to the Local Planning Authority (within 14 days of the Local Planning Authority\‘s written request so to do) such information as the Authority may reasonably require in order to determine whether this condition is being observed.



In this condition the following definitions apply:



\‘Person with a Local Connection\‘ means an individual who before taking up occupation of the dwelling satisfies one of the following conditions:

(1) The person has been in continuous employment in the Locality defined for at least the last 9 months and for a minimum of 16 hours per week immediately prior to occupation; or

(2) The person needs to live in the Locality defined because they need substantial care from a relative who lives in the Locality defined, or because they need to provide substantial care to a relative who lives in the

Locality defined. Substantial care means that identified as required by a medical doctor or relevant statutory support agency; or

(3) The person has been continuously resident in the locality defined for three years immediately prior to:

a) Needing another dwelling resulting from changes to their household, including circumstances such as getting married, divorced, having children, or downsizing.

b) Undertaking full-time post-secondary education or skills training and is returning to the locality defined within 12 months of its completion,or

c) being admitted to hospital, residential care or sentenced to prison, and are returning to the locality defined within 12 months of their discharge/release, or

(4) The person is a person who –

a) Is serving in the regular forces or who has served in the regular forces within five years prior to occupation;

b) Has recently ceased, or will cease to be entitled, to reside in accommodation provided by the Ministry of Defence following the death of that person\‘s spouse or civil partner where -

i. The spouse or civil partner has served in the regular forces; and

ii. Their death was attributable (wholly or partly) to that service; or

c) Is serving or has served in the reserve forces and who is suffering from a serious injury, illness or disability which is attributable (wholly or partly) to that service.



\‘Locality\‘ shall mean the administrative areas of the Parishes of: Broughton East; Cartmel Fell; Crook; Crosthwaite and Lyth; Helsington; Kentmere; Lakes; Longsleddale; Skelwith; Staveley in Cartmel; Staveley with Ings; Underbarrow and Bradleyfield; Upper Allithwaite; Windermere; Witherslack; Meathop and Ulpha; and those parts of the Parishes of Fawcett Forest; Strickland Ketel; Strickland Roger; and Whitwell and Selside which lie within the administrative area of the Lake District National Park.



An \‘Only or Principal Home\‘ is a dwellinghouse which is occupied continuously for a minimum period of six months in every twelve month period. For the avoidance of doubt the dwelling shall not be occupied as a

second home or for holiday letting accommodation.



The obligations contained in this condition shall not be binding or enforceable against any mortgagee or any receiver appointed by such a mortgagee, or any person deriving title through such a mortgagee or receiver provided always that a successor in title of such a person will be bound by the obligations contained in this condition.

REASON: To ensure that the resulting accommodation is occupied by persons with a defined local need in order to comply with Lake District National Park Core Strategy (Local Plan Part One) Policy CS18 and the

accompanying Housing Provisions: Supplementary Planning Document. The provisions relating to armed forces personnel are in accordance with the Allocation of Housing (Qualification Criteria for Armed Forces)

(England) Regulations 2012.



4 If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out

until the developer has submitted a remediation strategy to the Local Planning Authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the Local Planning Authority. The remediation strategy shall be implemented as approved.

REASON: To protect the water environment and comply with the National Planning Policy Framework.