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Dismissed15 February 20233299613

Land South of Chester Road, Sandiway, Cheshire, CW8 2ZB

Planning appeal 3299613 at Land South of Chester Road, Sandiway, Cheshire, CW8 2ZB (Cheshire West and Chester) was dismissed on 15 February 2023 by Inspector Fort G, by written representations. The main issue, as the Inspector framed it: whether the appeal site would be a suitable location for housing for the purposes of the development plan.

the development of 14 no. residential units, including 4 no. affordable dwellings, with associated infrastructure and landscaping

Authority
Cheshire West and Chester
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Fort G

Main issues, as the Inspector framed them

  • whether the appeal site would be a suitable location for housing for the purposes of the development plan
  • the effects of the proposed development on the character and appearance of the area
  • whether the proposed development would make acceptable provision of affordable housing in the context of the development plan
  • the effects of the proposal on biodiversity with reference to protected species and protected sites
  • the effect of the proposed development on the living conditions of the occupants of 613 Chester Road particularly in terms of privacy and access to natural light
  • whether safe and suitable access to the site would be achieved, with particular reference to pedestrians and other users of the footway

What decided it

The appeal scheme's conflict with the development plan's spatial strategy directing residential development to identified settlements, combined with material harm to character and appearance and unresolved biodiversity concerns, outweighed the benefits of housing provision.

The benefits of the appeal scheme, including the provision of 14 dwellings (4 affordable), biodiversity net gain contributions, open space and sports facilities contributions, and modest economic benefits, did not outweigh the substantial weight attached to the conflict with the development plan's spatial strategy, the significant weight attached to biodiversity harm, and the moderate weight attached to character and appearance harm.

What the Inspector cited

Development plan policies
Policy STRAT1Policy STRAT2Policy STRAT8Policy STRAT9Policy STRAT10Policy STRAT11Policy SOC1Policy SOC3Policy SOC5Policy SOC6Policy ENV2Policy ENV4Policy ENV6Policy DM2Policy DM3Policy DM19Policy DM23Policy DM24Policy DM44Policy T5Policy 14 of the Cuddington Parish Neighbourhood PlanPolicies 1, 5 and 15 of the Cuddington Parish Neighbourhood Plan
National Planning Policy Framework
Paragraph 12Paragraph 15Paragraph 57Paragraph 60Paragraph 174

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 West and Chester

The authority’s record since 2016 · every decision in 2023

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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.

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.