Planning appeal decision
Trafford House Farm, Beswicks Lane, Alderley Edge, Cheshire, SK9 7SN
Planning appeal 3278387 at Trafford House Farm, Beswicks Lane, Alderley Edge, Cheshire, SK9 7SN (Cheshire East) was allowed on 15 December 2021 by Inspector Walker R, by written representations. The main issue, as the Inspector framed it: Whether condition 4 to restrict permitted development rights (Classes A to F) is necessary, relevant to the development and reasonable, having particular regard to the location of the site within the Green Belt and the living conditions of the occupiers of the neighbouring property.
Variation of condition 2 on approval 20/0729M (construction of one two-storey dwelling and double garage replacing existing dwelling with relocation on site)
- Authority
- Cheshire East
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Walker R
- Postcode
- SK9 7SN
Main issues, as the Inspector framed them
- Whether condition 4 to restrict permitted development rights (Classes A to F) is necessary, relevant to the development and reasonable, having particular regard to the location of the site within the Green Belt and the living conditions of the occupiers of the neighbouring property
- Whether condition 7 requiring the removal of the existing buildings prior to the construction of the approved dwelling is necessary, relevant to the development and reasonable, having particular regard to the location of the site within the Green Belt
What decided it
The Government's Planning Practice Guidance and GPDO do not generally restrict permitted development rights in the Green Belt, and the Council failed to demonstrate exceptional site-specific circumstances warranting such restrictions on the replacement dwelling.
The protection of Green Belt openness was balanced against the unreasonableness of imposing restrictions on permitted development rights that other Green Belt dwellings do not bear, and against the unacceptable impact on occupiers of requiring pre-commencement demolition; the balance tipped in favour of allowing the appeal with a modified demolition condition.
What the Inspector cited
- Development plan policies
- Policy PG3 of the Cheshire East Local Plan Strategy 2010 - 2030
- National Planning Policy Framework
- Paragraph 54
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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With an account
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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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