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Allowed3 May 20223288180

Land at Junction 11 of the M62 Motorway, Warrington, WA3 7UD

Planning appeal 3288180 at Land at Junction 11 of the M62 Motorway, Warrington, WA3 7UD (Warrington Borough Council) was allowed on 3 May 2022 by Inspector Baird G, following an inquiry. The main issue, as the Inspector framed it: the effect on the Green Belt with particular reference to openness and the purposes for including land within it.

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.

What the Inspector cited

Development plan policies
Policy CC 2Policy QE 7Policy QE 3Policy QE 5Policy QE 6Policy CS 4Policy MP 1Policy MP 3Policy MP 4Policy MP 5Policy MP 6Policy MP 7Policy PV 5Policy CS5Policy FM15
National Planning Policy Framework
Paragraph 2Paragraph 111Paragraph 137Paragraph 138Paragraph 147Paragraph 148Paragraph 149Paragraph 174Paragraph 180Paragraph 183Paragraph 185Paragraph 189Paragraph 199
Judgments
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

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 applied

The decision letter

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More decisions in Warrington Borough Council

The authority’s record since 2016 · every decision in 2022

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.