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Planning appeal decision

Allowed19 July 20213264430

Border Fisheries, New Bungalow, Waybutt Lane, Chorlton, CW2 5QA

Planning appeal 3264430 at Border Fisheries, New Bungalow, Waybutt Lane, Chorlton, CW2 5QA (Cheshire East) was allowed on 19 July 2021 by Inspector Savage K, following a hearing. The main issue, as the Inspector framed it: whether the disputed condition is reasonable and necessary, having regard to local and national planning policy concerning the Green Belt, provision of dwellings in the countryside and the rural economy.

change of use from welfare facilities for members to domestic for maintenance/security staff family’ without complying with conditions attached to planning permission Ref 19/1532N, dated 5 July 2019

Authority
Cheshire East
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Savage K
Postcode
CW2 5QA

Main issues, as the Inspector framed them

  • whether the disputed condition is reasonable and necessary, having regard to local and national planning policy concerning the Green Belt, provision of dwellings in the countryside and the rural economy

What decided it

The Council provided no firm evidence that severing the dwelling's link to the fishery business would jeopardise the business's viability or harm the rural economy, rendering the occupancy condition unnecessary.

What the Inspector cited

Development plan policies
Policy PG3Saved Policy NE.1Saved Policy NE.16Policy PG6Policy H1Policy EG2
National Planning Policy Framework
Paragraph 146Paragraph 79Paragraph 55
Judgments
Finney v Welsh Ministers & Others (2019) EWCA Civ 1868; Tesco Stores Ltd v Dundee City Council [2012] UKSC 13

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 Cheshire East

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

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  4. Dismissed30 September 20266010213
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  5. Allowed30 September 20266008176
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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.