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Planning appeal decision

Dismissed11 August 20213271467

Two Oaks Whitchurch Road, Spurstow, Tarporley, CW6 9TD

Planning appeal 3271467 at Two Oaks Whitchurch Road, Spurstow, Tarporley, CW6 9TD (Cheshire East) was dismissed on 11 August 2021 by Inspector Taylor K, by written representations. The main issue, as the Inspector framed it: whether the appeal site forms a suitable location for development having regard to national and local Planning Policies.

construction of 3 family homes and revision to existing driveway

Authority
Cheshire East
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Taylor K
Postcode
CW6 9TD

Main issues, as the Inspector framed them

  • whether the appeal site forms a suitable location for development having regard to national and local Planning Policies
  • the effect of the development on non-protected trees

What decided it

The site is located in unsustainable open countryside outside the settlement boundary and does not meet the infill exception under Policy PG6, combined with insufficient evidence that the development would not cause significant harm to trees.

The benefits of housing supply and local economic contribution do not outweigh the conflict with the development plan regarding unsuitable location and potential harm to trees.

What the Inspector cited

Development plan policies
Policy PG6Policy SD1Policy SE5
National Planning Policy Framework
Paragraph 180
Judgments
Julian Wood v SSCLG, Gravesham Borough Council [2015] EWCA Civ 195

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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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.