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Planning appeal decision

Allowed30 November 20213275947

Monument Farm, Stannage Lane, Churton, Cheshire, CH3 6LE

building works to facilitate a C1 use as granted under 20/00216/PDR

Authority
Cheshire West and Chester
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Wilson L

Main issues, as the Inspector framed them

  • whether the proposed associated operational development is reasonably necessary
  • whether the site represents an appropriate location for the proposed development, having regard to local planning policy

What decided it

The prior approval granted under Class R of the GPDO established the principle of the C1 use, meaning the assessment focused on whether the operational works were reasonably necessary rather than the principle of development, and the Inspector found them reasonably necessary given the building's condition and the intention to retain core structural elements.

The benefits of enabling the approved C1 use through reasonably necessary operational development outweighed any concerns about character and appearance, which could be adequately controlled through conditions.

Framework references: 56

Plan policies cited: Policy STRAT 9, Policy ECON 3, Policy DM 9

Judgments cited: Jennings Motors Ltd v SSE & New Forest DC [1982] 2 WLR 131; [1982] JPL 181; Hibbitt v SSCLG [2016] EWHC 2853; Winchester CC v SSCLG [2013] EWHC 101 (Admin) and [2015] EWCA Civ 563; I'm Your Man Ltd v SSE & North Somerset DC [1999] 4 PLR 107; Cotswold Grange Country Park LLP v SSCLG [2014] EWHC 1138 (Admin)

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.