12 Chedworth House The Square, Seller Street, Chester, CH1 3AR

Planning appeal 3267532 at 12 Chedworth House The Square, Seller Street, Chester, CH1 3AR (Cheshire West and Chester) was dismissed on 16 July 2021 by Inspector Housden S, following a hearing. The main issue, as the Inspector framed it: The main issue in this case is whether or not the planning obligation continues to serve a useful purpose in ensuring that the appeal property contributes to the supply of affordable housing and if so, whether it would serve that purpose equally well if it had effect subject to the modifications proposed.

Modification of S106 planning obligation of planning permission 01/00740 to remove the affordable housing restrictions relating to No 12 Chedworth House

Authority: Cheshire West and Chester
Appeal type: other · Section 106 Agreement
Procedure: Hearing
Development: residential · Other minor developments
Inspector: Housden S
Postcode: CH1 3AR

Main issues, as the Inspector framed them

The main issue in this case is whether or not the planning obligation continues to serve a useful purpose in ensuring that the appeal property contributes to the supply of affordable housing and if so, whether it would serve that purpose equally well if it had effect subject to the modifications proposed.

What decided it

Insufficient evidence that No 12 was no longer required to meet an ongoing and significant need for affordable studio/one-bedroom housing in Chester, meaning the obligation continued to serve a useful purpose.

the harm to the supply of affordable housing and the resulting conflict with the development plan as a whole was not outweighed by any material considerations, so the obligation was upheld and the appeal dismissed

What the Inspector cited

Development plan policies: Policy SOC-1

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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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.