Former Gardens to Knells House, The Knells, Carlisle

appeal 6005528·Cumberland·27 August 2026dismissed
Decision
dismissed, 27 August 2026
Decided by
Planning Inspector: Carla Livingstone
Authority
Cumberland (North West)
Appeal reference
6005528
Application reference
24/0230
Procedure
written representations
Development
6 detached dwellings around a courtyard in the overgrown former gardens of a country house (now care home)
Homes
6
Site context
settlement edge, open countryside, PDL
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
s38(6), TR3
Development plan policies
Carlisle District Local Plan 2015-2030 HO 2
Main issues
suitable location for housing

Summary

Six detached houses in the overgrown former gardens of Knells House, a country house near Carlisle, in a dispersed hamlet with no services. Dismissed under the local plan's rural housing policy HO 2. The formal courtyard layout jarred with the organic pattern, the scheme would form a separate group, and the only service village, Houghton, is reached by an unlit route that lacks a footway for much of its length. The benefits of six homes were given moderate weight and did not outweigh the "significant harm" from the plan conflict (DL ¶27).

Issues and findings

Planning balance

Plan-led s38(6). Benefits of moderate weight against "significant harm" from the conflict with the plan (DL ¶25-28). There is no S4 or S5 analysis, even though the inspector calls The Knells "a small settlement". There is no housing-supply figure and no presumption.

What made the difference

Lack of safe walking access and a layout out of scale with a scattered hamlet. The letter sidesteps the 2026 principle-of-development tests: it does not decide whether the site is inside a settlement (S4) or outside (S5), and it does not give the six homes HO7 "substantial weight". An appellant might have argued S4 (within "a small settlement") or S5(1) with PDL under L2. As decided, the plan policy was treated as Framework-consistent and determinative.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
HO 2 (Carlisle DLP)conflictsignificantcriteria 1 (formal courtyard layout at odds with organic, dispersed pattern), 2 (no services to support), 3 (not contained, forms separate group) and 4 (no good access to service villages) all failed (DL 7-19); "consistent with the Framework" (DL 20)
TR3failHoughton about a 20-minute walk, no footway or lighting for a significant part, no formal bus stop; occupiers "highly likely" to be car reliant (DL 15-18); code mapped by harvester — letter paraphrases the Framework without a code
HO7benefitmoderatesix homes, windfall small site, efficient use of unused garden land, SME builder, construction and spend: "moderate" because of small scale; HO7 "substantial weight" not applied (DL 25, 27); code mapped by harvester
AnnexB:previously-developed-landneutralformer garden in curtilage of a permanent structure outside a built-up area accepted as PDL (Dartford [2017] EWCA Civ 141) but not given L2 substantial weight (DL 11-12)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.