Planning appeal decision
Land at White Lodge, Chester Road, Tabley, WA16 0HF
Planning appeal 3273331 at Land at White Lodge, Chester Road, Tabley, WA16 0HF (Cheshire East) was allowed in part (a split decision) on 25 October 2021 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: whether the development is inappropriate development in the Green Belt having regard to the revised Framework and relevant development plan policies.
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
- Postcode
- WA16 0HF
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 constitute inappropriate development in the Green Belt by definition, and the appellant's security and amenity considerations carry only limited weight and do not clearly outweigh this harm to justify very special circumstances.
The substantial harm to the Green Belt caused by the inappropriate development of the fencing and pole was not outweighed by the limited weight of the appellant's security and amenity considerations.
What the Inspector cited
- Development plan policies
- Policy PG3Policy SE7Policy DC9
- National Planning Policy Framework
- Paragraph 150Paragraph 197
- Judgments
- 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
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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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.
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