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Dismissed15 December 20223293862

Hills Garden Centre, London Road, Allostock, Northwich, Cheshire, WA16 9LU

Planning appeal 3293862 at Hills Garden Centre, London Road, Allostock, Northwich, Cheshire, WA16 9LU (Cheshire West and Chester) was dismissed on 15 December 2022 by Inspector Cragg D, following a hearing. The main issue, as the Inspector framed it: Whether the appeal site would be an appropriate location for the proposed development, having regard to national and local planning policies and accessibility to services, facilities, employment, and public transport.

erection of 16 dwellings

Authority
Cheshire West and Chester
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Cragg D
Postcode
WA16 9LU

Main issues, as the Inspector framed them

  • Whether the appeal site would be an appropriate location for the proposed development, having regard to national and local planning policies and accessibility to services, facilities, employment, and public transport
  • the effect of the development on the efficiency of the Jodrell Bank Radio Telescope (JBRT)
  • Whether material considerations including the fallback would outweigh any harm in respect of the proposed development

What decided it

The proposal's conflict with the development plan's spatial strategy on location/accessibility, combined with harm to the efficiency of the Jodrell Bank Radio Telescope, was not outweighed by the identified benefits or the fallback position.

moderate weight attached to the scheme's economic, social and environmental benefits did not outweigh the great weight required to be given to harm to the Jodrell Bank World Heritage Site, and the fallback did not outweigh the conflict with the development plan

What the Inspector cited

Development plan policies
STRAT1STRAT2STRAT8STRAT9DM19DM12SOC6DM35
National Planning Policy Framework
Paragraph 79Paragraph 80Paragraph 202
Judgments
R v Secretary of State for the Environment and Havering BC [1998] Env LR 189; Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610

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 Cheshire West and Chester

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

  1. Dismissed27 October 20266008480
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  2. Allowed22 October 20266009366
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  3. Dismissed22 October 20266002634
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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.