Planning appeal decision
Land off Mill Lane, Knutsford, WA16 9QX
re-instatement of barn for the storage of agricultural and farming equipment
- Authority
- Cheshire East
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- agricultural · Minor general industry/storage/warehousing
- Inspector
- Taylor K
Main issues, as the Inspector framed them
- Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
- The effect of the proposal on the openness of the Green Belt
- The effect of the proposal on non-protected trees
- If the proposal is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal
What decided it
The appellant failed to provide sufficient evidence on the balance of probability that the appeal site and former building had solely been in continuous agricultural use, and therefore the proposal did not meet the agricultural exception in paragraph 149(a) of the Framework, constituting inappropriate development in the Green Belt with no very special circumstances to justify it.
The harm to the Green Belt by reason of inappropriateness and the additional harm to openness and countryside safeguarding were not clearly outweighed by the other considerations advanced, and very special circumstances did not exist.
Framework references: 137, 138, 147, 149, 180
Plan policies cited: Policy GC1 of the Macclesfield Borough Local Plan 2004, Policy PG3 of the Cheshire East Local Plan Strategy 2010-2030 2017, Policy SE4 of the Cheshire East Local Plan Strategy 2010-2030 2017, Policy SE5 of the Cheshire East Local Plan Strategy 2010-2030 2017
Judgments cited: Athlone House Ltd v SSCLG [2015] EWHC 3524 (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.
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