Property description

An increasingly rare opportunity to acquire a freehold building plot situated close to the centre of Windermere and offering scope to construct an interesting four bedroom architect designed residence. The land will be of interest to developers and also those wishing to construct a property to their own individual requirements. Planning ref 7/2014/5199. Occupancy restrictions apply. 

IN PURSUANCE of their powers under the Town and Country Planning Act 1990, the Lake District National Park Authority as local planning authority HEREBY GIVE NOTICE THAT PLANNING PERMISSION for the development referred to HAS BEEN GRANTED.



SAVE as hereunder specified the development shall be carried out and completed in entire accordance with the particulars specified in the application and plans submitted. The development shall be 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 amended plans (Nos 1363/08D, and 09C) received by the Local Planning Authority on 16 June 2014.

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



3 The roof of the building hereby permitted shall be covered and maintained in local blue/grey or green slates (that is slates which have been mined or quarried in the National Park). Such slates shall be riven not sawn, and shall be laid in diminishing courses from eaves to ridge. REASON: To ensure a satisfactory standard of appearance of the development by the use of traditional materials in accordance with Policy BE1 of the Lake District National Park Local Plan.



4 Prior to the commencement of the development hereby permitted, details of the surface water drainage arrangements shall be submitted to and agreed in writing by the local planning authority. The details shall provide for the separation of foul and surface water and only foul water shall be disposed of to the combined sewer. The arrangements so agreed shall be implemnted in full prior to the first occupation of the dwelling hereby permittted. REASON: In order to ensure adequate arrangements for the disposal of surface water on the site.



5 All doors, windows and associated framework and all external joinery shall be coloured, painted or stained in a colour, or colours, to be first approved in writing by the Local Planning Authority. Such painting or staining shall be undertaken not later than three months from the substantial completion of the development or not later than three months from the building hereby permitted being first brought into use, whichever is the sooner. REASON: For the avoidance of doubt and to ensure a satisfactory standard of appearance of the development.



6 The dwellinghouse 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 nine 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 Policy CS18 and the accompanying Supplementary Planning Document on Housing Provision. The provisions relating to armed forces personnel are in accordance with the Allocation of Housing (Qualification Criteria for Armed Forces) (England) Regulations 2012.



7 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no material external alterations or extensions shall be carried out to the dwellinghouse, nor shall any building, enclosure, domestic fuel oil container, pool or hardstanding be constructed within the curtilage of the dwellinghouse, without application to, and the grant of permission by, the Local Planning Authority. REASON: The Local Planning Authority considers that such development should be subject to formal control to safeguard the amenities of the area.