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Planning appeal decision

Notice varied and upheld21 December 20223296853

Canalside Farm, Wood Lane East, Adlington, SK10 4PH

Planning appeal 3296853 at Canalside Farm, Wood Lane East, Adlington, SK10 4PH (Cheshire East) was allowed in part (a split decision) on 21 December 2022 by Inspector Franks Z, following a hearing. The main issue, as the Inspector framed it: Whether the development is inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies.

without planning permission, the material change of use of the Land from agricultural to the use of the Land as a petting farm and for falconry experiences/events, together with associated operational development comprising i) the erection of animal shelters and enclosures, ii) the siting of catering, ice cream and lorry trailers, portable toilets, picnic benches and iii) the formation of areas of hardstanding

Authority
Cheshire East
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
leisure-sport · Change of use
Inspector
Franks Z
Postcode
SK10 4PH

Main issues, as the Inspector framed them

  • Whether the development is inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
  • The effect of the development on the openness of the Green Belt
  • The effect of the development on the Macclesfield Conservation Area and Grade II Listed Building Canal Bridge 18
  • Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, as to amount to the very special circumstances required to justify the proposal

What decided it

The identified Green Belt and heritage harms were not clearly outweighed by the fallback position or the health, educational and economic benefits relied upon, so very special circumstances did not exist.

Substantial harm from inappropriateness and harm to openness in the Green Belt, together with less than substantial harm to the Conservation Area and listed building setting, were not clearly outweighed by the fallback position (limited weight), health/wellbeing and educational benefits (moderate weight) and economic/tourism benefits (little weight), so very special circumstances did not exist.

What the Inspector cited

Development plan policies
PG3GC1SE1SD2SE7SE2EG4DL33SE3
National Planning Policy Framework
Paragraph 148Paragraph 149Paragraph 150
Judgments
Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Bowring v SSCLG & Waltham Forest LBC [2013] EWHC 1115 (Admin); Skerrits of Nottingham Limited v SSETR (No.2)[2000] 2 PLR 102

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 East

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

  1. Dismissed13 October 20266009638
    The Smithy, Adlington Road, Wilmslow, SK9 2LN
  2. Allowed5 October 20266008576
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  3. Allowed2 October 20266010578
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  4. Dismissed30 September 20266010213
    Disley Meadow, Lower Greenshall Lane, Disley, SK12 2HH
  5. Allowed30 September 20266008176
    Sycamore Farm, Well Bank Lane, Over Peover, WA16 8UN

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.