Penrith’s Atkinson Building Contractors and Riverside Housing Association have won an appeal against Eden Council allowing them to build 76 new affordable homes in the Townhead area.
Along with getting the green light for the development near White Ox Way, the building firm has had its financial contribution towards local education waived, meaning it will not be required to make a payment towards schools capacity.
Eden District Council has also been ordered to pay partial costs towards Atkinson’s and Riverside’s legal bill, with the amount yet to be agreed.
Atkinsons and Riverside Housing had initially sought to build 81 new homes on the land at White Ox Farm on Inglewood Road.
This was later reduced to 76 homes but was refused by Eden’s planning committee in August, 2020. Earlier this year, the council approved a 67-home scheme for the site.
The refusal of 76 homes was appealed and an inspector appointed by the Secretary of State has now sided with the building firm, allowing the development to go ahead.
The new housing estate will be 100 per cent affordable homes and it is this, coupled with the development not being sufficiently profitable if an education contribution was made, that has led to the payment being waived.
Initially, Atkinsons and Riverside Housing had been asked to pay £60,000 into local school coffers and this was more recently increased to a request for the company to put in £200,004 towards provision of an entirely new primary school, before being totally scrapped at appeal.
The appeal inspector’s report, which went before the district council’s planning committee on Thursday, said Eden had refused the development on grounds including the lack of contribution towards primary education.
However it was found that on balance the need for 100 per cent affordable homes was paramount, and the scheme would not be financially viable if a contribution was ordered.
The report stated that a District-Wide Housing Needs study in 2018 found a shortfall of 264 dwellings each year, with Penrith an area of particular need. This was said to be supported by live data from Cumbria Choice-based Lettings which says there are 540 active applicants in affordable need who list Penrith as their first choice.
Eden councillors argued that the new development would be too dense, impacting on living conditions and the appearance of the area. There were also concerns over noise and a lack of sustainable transport.
Land earmarked for development
However, the appeal inspector found that the land had been earmarked for 54 new homes in the local plan and this was not a capped amount.
Also, the footprint for the 67-dwelling scheme approved by Eden was almost identical to that of the 76 proposal. The homes will be set back behind a grass verge and with a mix of external material finishes and orientations so clusters are formed and few properties face each other.
Noise concerns were dismissed while it was said a crossing point for both pedestrians and cyclists will be installed on the A6 and electric car charging points and cycle storage on some properties.
The site sits opposite a further residential scheme being constructed on the other side of the A6 close to Pennyhill Park.
The amount Eden Council will pay towards Atkinson’s and Riverside Housing costs is yet to be decided, but the inspector ruled that the council had acted unreasonably, incurring unnecessary or wasted expense.
Ian Irwin, Eden planning officer, told councillors that when they refuse applications without strong reason they “run the risk of the public purse being affected” and costs being awarded against the authority. He added that the appeal being granted should be used as an opportunity to reflect and for lessons to be learned.
