®Planning appeal decision
Land at Brown Hayes Farm, Byley, Northwich, CW10 9NS
Planning appeal 3268105 at Land at Brown Hayes Farm, Byley, Northwich, CW10 9NS (Cheshire West and Chester) was allowed on 7 June 2021 by Inspector Martinson P, by written representations. The main issue, as the Inspector framed it: Whether the development proposed represents a suitable location for housing having regard to the settlement strategy and access to public transport, and local services and facilities.
the demolition of existing workshop, removal of plant, equipment and areas of hard standing. Construction of 2 detached dwellings
- Authority
- Cheshire West and Chester
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Martinson P
- Postcode
- CW10 9NS
Main issues, as the Inspector framed them
- Whether the development proposed represents a suitable location for housing having regard to the settlement strategy and access to public transport, and local services and facilities
- The effect of the proposal on the character and appearance of the countryside
What decided it
The lawful use of the site as an agricultural contracting business, which would have generated comparable or greater vehicular movements and emissions than the proposed dwellings, meant that allowing the appeal would not undermine the strategic aims of the local plan regarding housing location.
The benefits of replacing a poorly maintained utilitarian building with well-designed dwellings that would enhance the rural setting outweighed the conflict with settlement strategy policies, given the fallback position of the lawful agricultural use and the site's limited visibility in the landscape.
What the Inspector cited
- Development plan policies
- STRAT 2STRAT 9STRAT 10ENV 6R1DM 3DM 4DM 19
- National Planning Policy Framework
- Paragraph 102Paragraph 170Paragraph 105Paragraph 108
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
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What an account adds to this decision
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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.