®Planning appeal decision
Land at Junction 11 of the M62 Motorway, Warrington, WA3 7UD
for the erection of a Motorway Service Area including facilities building, up to 100 bedroom hotel, service yard, fuel filling station, electric charging station, parking facilities, landscaping and amenity areas and associated infrastructure and earthworks
- Authority
- Warrington Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- other · Major retail and services
- Inspector
- Baird G
Main issues, as the Inspector framed them
- the effect on the Green Belt with particular reference to openness and the purposes for including land within it
- the effect on (a) landscape character and visual impact, (b) the safety and free flow of traffic on the highway network, (c) biodiversity, and (d) agricultural land
- whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal
What decided it
The clearly demonstrated need for a motorway service area (supported by National Highways under Circular 02/2013), combined with substantial economic and environmental benefits and the absence of sequentially preferable alternative sites, was found to clearly outweigh the Green Belt and other harm, establishing very special circumstances.
The substantial negative weight attributed to Green Belt harm (inappropriateness, loss of openness, encroachment), loss of best and most versatile agricultural land, and landscape/visual harm was clearly outweighed by the substantial economic, social and environmental benefits and the considerable weight given to the demonstrable need for the MSA and National Highways' support, so that very special circumstances existed to justify approval.
Framework references: 2, 111, 137, 138, 147, 148, 149, 174, 180, 183, 185, 189, 199
Plan policies cited: Policy CC 2, Policy QE 7, Policy QE 3, Policy QE 5, Policy QE 6, Policy CS 4, Policy MP 1, Policy MP 3, Policy MP 4, Policy MP 5, Policy MP 6, Policy MP 7, Policy PV 5, Policy CS5, Policy FM15
Judgments cited: Shadwell Estates Limited and Breckland District Council and Pigeon (Thetford) Limited. [2013] EWHC 12 (Admin); Hart DC v Secretary of State for Communities and Local Government [2008] EWHC 1204 (Admin); Akester v Department for the Environment, Food and Rural Affairs [2010] EWHC 232 (Admin); Jones v Mansfield DC [2003] EWCA Civ 1408
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.