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Notice varied and upheld13 December 20213262324

Land at Willott Nurseries, Wilmslow Road, Prestbury, Cheshire, SK10 4LG

Planning appeal 3262324 at Land at Willott Nurseries, Wilmslow Road, Prestbury, Cheshire, SK10 4LG (Cheshire East) was allowed in part (a split decision) on 13 December 2021 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework and the development plan.

Material change of use of land from mixed residential and horticultural use to residential and residential garden, together with creation of hard standing, ornamental pond, jetty, metal sculpture, building, stone walls and stonework, and siting of domestic paraphernalia

Authority
Cheshire East
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Freer P
Postcode
SK10 4LG

Main issues, as the Inspector framed them

  • whether the breach of planning control alleged in the notice is inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework and the development plan
  • if the breach of planning control alleged in the notice is inappropriate development in the Green Belt, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development

What decided it

The material change of use from mixed residential and horticultural use to residential and residential garden, together with the operational development, constitutes inappropriate development in the Green Belt that harms openness and conflicts with the purposes of Green Belt protection, with no very special circumstances to justify it.

The substantial harm to the Green Belt by reason of inappropriateness was not outweighed by any other considerations, as no benefits were advanced and the character and appearance of the area was not harmed, resulting in the very special circumstances necessary to justify the development not existing.

What the Inspector cited

Development plan policies
Policy PG3 of the Cheshire East Local Plan Strategy 2010 – 2030Saved Policy GC12 of the Macclesfield Borough Local Plan
National Planning Policy Framework
Paragraph 147Paragraph 148Paragraph 149Paragraph 150
Judgments
Philglow Ltd v SSE & Hillingdon LBC [1986] 51 P & CR 1; Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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.

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The decision letter

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More decisions in Cheshire East

The authority’s record since 2016 · every decision in 2021

  1. Dismissed13 October 20266009638
    The Smithy, Adlington Road, Wilmslow, SK9 2LN
  2. Allowed5 October 20266008576
    Land At Racecourse Road - Greaves Road, Racecourse Road - Greaves Road, Wilmslow, SK9 5LW
  3. Allowed2 October 20266010578
    Land at Dunvilles Farm, Bollington Lane, Chelford Road, Monks Heath, Macclesfield, SK10 4UL
  4. Dismissed30 September 20266010213
    Disley Meadow, Lower Greenshall Lane, Disley, SK12 2HH
  5. Allowed30 September 20266008176
    Sycamore Farm, Well Bank Lane, Over Peover, WA16 8UN

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.

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