Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice varied and upheld17 January 20223271287

122 and 124 Hermitage Road, Saughall, Chester, CH1 6AG

Planning appeal 3271287 at 122 and 124 Hermitage Road, Saughall, Chester, CH1 6AG (Cheshire West and Chester) was allowed in part (a split decision) on 17 January 2022 by Inspector Savage M, following a hearing. The main issue, as the Inspector framed it: Whether the appeal scheme is inappropriate development in the green belt having regard to the revised framework and relevant development plan policies.

without planning permission the erection of a single dwelling [“the unauthorised development”] shown as 124 Hermitage Road hatched on the attached plan

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Householder developments
Inspector
Savage M
Postcode
CH1 6AG

Main issues, as the Inspector framed them

  • Whether the appeal scheme is inappropriate development in the green belt having regard to the revised framework and relevant development plan policies
  • The effect of the appeal scheme on the openness of the Green Belt
  • Whether the appeal site is a suitable location for a dwelling having regard to local and national planning policy
  • The effect of the appeal scheme on the character and appearance of the area
  • 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 required to justify the appeal scheme

What decided it

The absence of very special circumstances clearly outweighing the harm from inappropriate development and modest harm to Green Belt openness determined the dismissal of the deemed planning application.

the other considerations relied upon (fallback permitted development rights, the unusual family living arrangement, and loss of home) did not clearly outweigh the harm by reason of inappropriateness and the modest harm to openness, so very special circumstances did not exist

What the Inspector cited

Development plan policies
Policy STRAT9Policy DM19Policy STRAT1Policy DM21Policy DM3Policy ENV6
National Planning Policy Framework
Paragraph 149
Judgments
Collins v SSE & Epping Forest DC [1989] EGCS 15; Sinclair-Lockhart's Trustees v Central Land Board (1950) 1 P&CR 195; Skerrits of Nottingham Ltd v SSETRis [2000] EWCA Civ 60, JPL 789; Challenge Fencing Limited v SSCLG & Elmbridge BC [2019] EWHC 553 (Admin); Dyer v Dorset CC [1988] 3 WLR 213; Methuen-Campbell v Walters [1979] 1 QB 525; HM Attorney-General ex rel Sutcliffe & Rouse & Hughes v Calderdale BC [1983] JPL 310; Burford v SSCLG & Test Valley BC [2017] EWHC 1493 (Admin); Blackbushe Airport Limited v R(aoa Hampshire CC), SSEFRA & Others [2021] EWCA Civ 938; James v SSE and Chichester DC [1991] JPL 550; O'Flynn v SSCLG & Warwick DC [2016] EWHC 2984 (Admin); R (oao Sumption) v Greenwich LBC [2007] EWCH 2276 (Admin)

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

28 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Cheshire West and Chester

The authority’s record since 2016 · every decision in 2022

  1. Dismissed21 October 20266013998
    Holly Cottage, Post Office Lane, Norley, WA6 8NB
  2. Dismissed16 October 20266012737
    Smoker Brook Barn, Linnards Lane, Wincham, CW9 6ED
  3. Dismissed6 October 20266011029
    Oaktree, Liverpool Road, Neston, CH64 3RQ
  4. Dismissed10 September 20266005497
    Manor House Farm, Hillfoot Lane, Kingsley, Frodsham, WA6 6TB
  5. Dismissed10 September 20266005495
    Manor House Farm, Hillfoot Lane, Kingsley, Frodsham, WA6 6TB

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.