®Planning appeal decision
Smithy Farm, Ryecroft Lane, Bruen Stapleford, Chester, Cheshire, CH3 8HH
extension and alteration of existing outbuilding to form residential annexe
- Authority
- Cheshire West and Chester
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Householder developments
- Inspector
- Pleasant L
Main issues, as the Inspector framed them
- Whether as a matter of fact when the notice was issued a building had been erected on the Land for residential purposes (ground (b))
- Whether the development is acceptable in principle in this location having regard to local and national planning policy
- The effect on the character and appearance of the area
- Whether the requirements are excessive to achieve the purpose(s) of the notice (ground (f))
What decided it
The appeal building was found, as a matter of fact and degree, to function as a new isolated dwelling in the countryside rather than a residential annexe, placing it in conflict with the development plan and NPPF paragraph 80.
No material considerations, including the lack of harm to character and appearance, outweighed the conflict with the development plan and the Framework arising from the unacceptable principle of an isolated new dwelling in the countryside.
Framework references: 56, 80
Plan policies cited: Policy DM21, Policy STRAT1, Policy STRAT9, Policy DM19, Policy DM22, Policy ENV2, Policy ENV3, Policy DM3
Judgments cited: Challenge v SSHCLG and Elmbridge [2019] EWHC 553 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.