®Planning appeal decision
Land at Willott Nurseries, Wilmslow Road, Prestbury, CHESHIRE, SK10 4LG
- Authority
- Cheshire East
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Freer P
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.
Framework references: 147, 148, 149, 150
Plan policies cited: Policy PG3 of the Cheshire East Local Plan Strategy 2010 – 2030, Saved Policy GC12 of the Macclesfield Borough Local Plan
Judgments cited: Philglow Ltd v SSE & Hillingdon LBC [1986] 51 P & CR 1; Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207
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.