®Planning appeal decision
Land South of Dragons Lane, Moston, Sandbach, Cheshire, CW11 3QB
Planning appeal 3286380 at Land South of Dragons Lane, Moston, Sandbach, Cheshire, CW11 3QB (Cheshire East) was allowed in part (a split decision) on 6 October 2023 by Inspector McGlone A, following a hearing. The main issue, as the Inspector framed it: whether the proposal is in a suitable location in the countryside and occupants would have reasonable access to facilities and services, having regard to the development plan, the National Planning Policy Framework (the Framework), the Planning Policy for Traveller Sites (PPTS).
without planning permission, the unauthorised material change of use of land from an agricultural use to a use as a residential caravan site together with the formation of an area of hardstanding, erection of a timber building and gates and fence, parking/storage of vehicles and other paraphernalia
- Authority
- Cheshire East
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- McGlone A
- Postcode
- CW11 3QB
Main issues, as the Inspector framed them
- whether the proposal is in a suitable location in the countryside and occupants would have reasonable access to facilities and services, having regard to the development plan, the National Planning Policy Framework (the Framework), the Planning Policy for Traveller Sites (PPTS)
- the effect of the proposal on the high-pressure gas lines
- the effect of the proposal on the character and appearance of the area
- the need for, and provision of, sites for gypsies and travellers in the area
- any other material considerations in support
What decided it
the unacceptable and unmitigable safety risk to occupiers arising from the site's location within the inner zone of two high-pressure gas pipelines, when considered cumulatively with neighbouring permitted sites
the very substantial weight given to the unacceptable safety risk from the high-pressure gas pipelines outweighed the significant weight afforded to the lack of a five-year supply of deliverable Gypsy and Traveller sites and the personal circumstances of the family, including the best interests of the children
What the Inspector cited
- Development plan policies
- CELPS Policy PG 6CELPS Policy SC 7CELPS Policy SD 1CELPS Policy SD 2CELPS Policy CO 1SADPD Policy INF 7SADPD Policy HOU 5SADPD Policy PG 10
- National Planning Policy Framework
- Paragraph 105
- Judgments
- Smith v SSLUHC & Ors (2022) EWCA
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
What an account adds to this decision
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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.