®Planning appeal decision
1 Whitegate Stables, Plemstall Lane, Mickle Trafford, Chester, Cheshire, CH2 4EN
Planning appeal 3294710 at 1 Whitegate Stables, Plemstall Lane, Mickle Trafford, Chester, Cheshire, CH2 4EN (Cheshire West and Chester) was allowed on 31 January 2023 by Inspector Rose D, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the openness of the Green Belt.
change of use of land for stationing of caravans for residential occupation for Gypsy Traveller site with associated hard standing, utility block, cess tanks
- Authority
- Cheshire West and Chester
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- caravan-gypsy · Change of use
- Inspector
- Rose D
- Postcode
- CH2 4EN
Main issues, as the Inspector framed them
- The effect of the development on the openness of the Green Belt.
- The effect of the development on the character and appearance of the area, with regard to the development and the location.
- Whether occupants of the proposed development would have reasonable access to local services and facilities by walking and/or public transport.
- Whether any 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 combination of unmet Gypsy/Traveller accommodation need and the appellant family's compelling personal circumstances, including the best interests of the children, amounted to very special circumstances clearly outweighing the harm to the Green Belt.
Substantial Green Belt harm and moderate harm to character and appearance were clearly outweighed by substantial weight given to unmet Gypsy/Traveller need and the family's personal circumstances (reinforced by the children's best interests), amounting to very special circumstances justifying the grant of a personal permission.
What the Inspector cited
- Development plan policies
- Policy STRAT 9Policy SOC 4Policy ENV 6Policy DM 3Policy T5 (LP2)Policy STRAT 10 (LP1)
- National Planning Policy Framework
- Paragraph 107
- Judgments
- Smith v SSLUHC & Ors [2022] EWCA Civ 1391; Stevens v SSCLG [2013] EWHC 792 (admin); Collins v SSCLG [2013] EWCA Civ 1193
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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With an account
What an account adds to this decision
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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.