®Planning appeal decision
1 Whitegate Stables, Plemstall Lane, Mickle Trafford, Chester, Cheshire, CH2 4EN
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
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.
Framework references: 107
Plan policies cited: Policy STRAT 9, Policy SOC 4, Policy ENV 6, Policy DM 3, Policy T5 (LP2), Policy STRAT 10 (LP1)
Judgments cited: Smith v SSLUHC & Ors [2022] EWCA Civ 1391; Stevens v SSCLG [2013] EWHC 792 (admin); Collins v SSCLG [2013] EWCA Civ 1193
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.