®Planning appeal decision
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 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.
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.