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Planning appeal decision

Notice varied and upheld31 March 20223268914

The Barn Yard, Broadoak Lane, Mobberley, KNUTSFORD, Cheshire, WA16 7PR

Change of use of land for the stationing of caravans for residential purposes for 3 no. gypsy pitches, associated hardstanding and formation of a pedestrian access

Authority
Cheshire East
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Merrett R

Main issues, as the Inspector framed them

  • Whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (the Framework) and development plan policy
  • The effect of the development on the openness of the Green Belt and the purposes of including land within the Green Belt
  • The effect of the development on the character and appearance of the area
  • The effect of the development on the living conditions of occupiers of the site with specific regard to transport related noise
  • The personal circumstances of the appellant
  • The need for gypsy and traveller sites
  • If the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The cumulative Green Belt, character/appearance and noise-related harm was not clearly outweighed by the unmet need, lack of 5-year supply and personal circumstances relied upon, so very special circumstances were not established.

The substantial/significant weight attached to Green Belt harm, harm to character and appearance, intentional unauthorised development and noise-related harm to living conditions outweighed the moderate weight given to unmet need, lack of a 5-year supply of deliverable sites and personal circumstances, so very special circumstances did not exist.

Framework references: 137, 138, 147

Plan policies cited: Policy SD 2, Policy SC 7, Policy SE 1, Policy SE 4, Policy SE 12, Policy PG 3, Saved Policy DC14, Saved Policy T18, Policy ENV 13

Judgments cited: Turner v SSCLG & East Dorset Council [2016]

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.