Planning appeal decision
Badger Butts, Mill Lane, Willaston Neston, CH64 1RG
Planning appeal 3291858 at Badger Butts, Mill Lane, Willaston Neston, CH64 1RG (Cheshire West and Chester) was dismissed on 26 May 2022 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development within the Green Belt for the purposes of the National Planning Policy Framework and the relevant development plan policy.
the demolition of existing detached garage and conversion of existing swimming pool building and gymnasium building to 3 no. independent dwellings
- Authority
- Cheshire West and Chester
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Hitchcock R
- Postcode
- CH64 1RG
Main issues, as the Inspector framed them
- whether the proposal would be inappropriate development within the Green Belt for the purposes of the National Planning Policy Framework and the relevant development plan policy
- whether or not the site would provide a suitable location for housing
- the effect of the implementation of the proposed scheme and a development of a dwelling and garage previously approved on the site
- if the development is inappropriate, whether the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development
What decided it
The existing building lacked the substantial construction necessary to qualify as re-use under NPPF paragraph 150, rendering the proposal inappropriate development in the Green Belt, and the identified benefits did not clearly outweigh this harm and the conflict with the Council's spatial strategy for housing distribution.
the benefits of housing provision, diversity, economic contribution and sustainable location did not clearly outweigh the harm from inappropriateness in the Green Belt and conflict with the Council's adopted spatial strategy for managing housing delivery and protecting the countryside
What the Inspector cited
- Development plan policies
- Policy STRAT 9Policy DM 22Policy STRAT 8Policy STRAT 10Policy ENV 6Policy SOC 5Policy DM 2Policy DM 3
- National Planning Policy Framework
- Paragraph 149Paragraph 150
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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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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