®Planning appeal decision
Smithy Farm, Ryecroft Lane, Bruen Stapleford, Chester, Cheshire, CH3 8HH
Planning appeal 3260779 at Smithy Farm, Ryecroft Lane, Bruen Stapleford, Chester, Cheshire, CH3 8HH (Cheshire West and Chester) was allowed in part (a split decision) on 21 October 2021 by Inspector Pleasant L, following a hearing. The main issue, as the Inspector framed it: Whether as a matter of fact when the notice was issued a building had been erected on the Land for residential purposes (ground (b)).
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
- Postcode
- CH3 8HH
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.
What the Inspector cited
- Development plan policies
- Policy DM21Policy STRAT1Policy STRAT9Policy DM19Policy DM22Policy ENV2Policy ENV3Policy DM3
- National Planning Policy Framework
- Paragraph 56Paragraph 80
- Judgments
- Challenge v SSHCLG and Elmbridge [2019] EWHC 553 (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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Cheshire West and Chester
The authority’s record since 2016 · every decision in 2021
- Notice upheld22 July 20263349074The Cedars, Towers Lane, Alvanley, Frodsham, Cheshire, WA6 0LG
- Split Decision27 April 20263376531The Barnyard, Marsh Lane, Kings Marsh, Chester, CH3 6NG
- Split Decision27 April 20263376530The Barnyard, Marsh Lane, Kings Marsh, Chester, CH3 6NG
- Notice upheld15 April 20263375569Rushmere Lodge, Beauty Bank, Whitegate, Winsford, Cheshire, CW8 2BP
- Planning permission granted23 March 20263354908The Lodge, Heath Lane Nurseries Heath Lane, Willaston, Neston, CH64 1TP
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.