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Planning appeal decision

Dismissed15 December 20223293862

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

erection of 16 dwellings

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

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

Framework references: 79, 80, 202

Plan policies cited: STRAT1, STRAT2, STRAT8, STRAT9, DM19, DM12, SOC6, DM35

Judgments cited: 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

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.