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Planning appeal decision

Allowed15 December 20213278387

Trafford House Farm, Beswicks Lane, Alderley Edge, Cheshire, SK9 7SN

Authority
Cheshire East
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Walker R

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.

Framework references: 54

Plan policies cited: Policy PG3 of the Cheshire East Local Plan Strategy 2010 - 2030

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.