®Planning appeal decision
Canalside Farm, Wood Lane East, Adlington, SK10 4PH
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
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.
Framework references: 148, 149, 150
Plan policies cited: PG3, GC1, SE1, SD2, SE7, SE2, EG4, DL33, SE3
Judgments cited: 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
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.