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Planning appeal decision

Split Decision25 October 20213273330

Land at White Lodge, Chester Road, Tabley, WA16 0HF

without planning permission, the unauthorised formation of an earth mound, area of hardstanding, alterations to the existing driveway, the erection of a green weld mesh fence and an aerial/CCTV pole

Authority
Cheshire East
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Moore D

Main issues, as the Inspector framed them

  • whether the development is inappropriate development in the Green Belt having regard to the revised Framework and relevant development plan policies
  • the effect on the openness of the Green Belt
  • whether the development preserves the setting of a grade II listed building, White Lodge, and whether the development preserves a grade II registered park and garden, Tabley House, or its setting and any features of special interest which it possesses
  • the effect of the development on protected trees
  • 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 development

What decided it

The fencing and CCTV pole are inappropriate development in the Green Belt which carries substantial weight as harm by definition, and the limited weight of other considerations does not clearly outweigh this harm to amount to very special circumstances.

The substantial harm to the Green Belt from inappropriate development (the fencing and pole) was not outweighed by the limited weight of security and amenity considerations, whereas the engineering operations (earth mound, hardstanding and driveway) were found not to harm openness or conflict with Green Belt purposes and thus were acceptable.

Framework references: 150, 197

Plan policies cited: Policy PG3, Policy SE7, Policy DC9

Judgments cited: Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3

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.