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Notice varied and upheld21 January 20223237307

Land at Thornton Manor, Manor Road, Thornton Hough, Wirral, CH63 1JB

Planning appeal 3237307 at Land at Thornton Manor, Manor Road, Thornton Hough, Wirral, CH63 1JB (Wirral Metropolitan Borough Council) was allowed in part (a split decision) on 21 January 2022 by Inspector Whitfield J, following an inquiry. The main issue, as the Inspector framed it: whether the developments are inappropriate development in the Green Belt having regard to relevant development plan policies and the Framework.

Erection of three marquees within the Thornton Manor Estate at The Dell, The Walled Garden and at the Lake to be used for private functions and conferences, and associated car parking (retrospective)

Appeal type
major · Enforcement Notice
Procedure
Inquiry
Development
leisure-sport · Minor retail and services
Inspector
Whitfield J
Postcode
CH63 1JB

Main issues, as the Inspector framed them

  • whether the developments are inappropriate development in the Green Belt having regard to relevant development plan policies and the Framework
  • the effect of the developments on the openness of the Green Belt
  • the effect of the developments on designated heritage assets, including whether the development will preserve the setting of the Grade II* listed building Thornton Manor, the effect on the significance of the Grade II* registered park and garden, and the effect of the proposed RPG restoration programme on the significance of the RPG
  • if the development is inappropriate development in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development

What decided it

The substantial Green Belt harm and great heritage harm were not clearly outweighed by the limited weight given to the RPG restoration benefits, whose delivery mechanism and past performance the Inspector found unconvincing, so very special circumstances did not exist.

the substantial harm to the Green Belt by reason of inappropriateness and to openness, together with the great weight afforded to harm to the significance of heritage assets, was not clearly outweighed by the limited weight given to restoration benefits and the significant weight given to economic, social and ecological benefits, so the balance tipped against the development

What the Inspector cited

Development plan policies
Policy GB2Policy CH01Policy CH26
National Planning Policy Framework
Paragraph 137Paragraph 147Paragraph 148Paragraph 149Paragraph 199Paragraph 202Paragraph 208
Judgments
Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3; R on behalf of Simon Shimbles v City of Bradford MBC [2018] EWHC 195 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Wirral

The authority’s record since 2016 · every decision in 2022

  1. Dismissed29 September 20266010411
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  2. Dismissed10 September 20266012026
    297 Frankby Road, Frankby, CH48 1PE
  3. Quashed On Legal Grounds23 July 20263377350
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  4. Notice varied and upheld18 May 20263352601
    Frankby Stiles, Frankby Road, Frankby, CH48 1PL
  5. Dismissed12 January 20263373334
    The Heyes, Heron Road, Meols, Wirral, CH48 1PU

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.