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Planning appeal decision

Dismissed15 February 20233299613

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

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.

Framework references: 12, 15, 57, 60, 174

Plan policies cited: Policy STRAT1, Policy STRAT2, Policy STRAT8, Policy STRAT9, Policy STRAT10, Policy STRAT11, Policy SOC1, Policy SOC3, Policy SOC5, Policy SOC6, Policy ENV2, Policy ENV4, Policy ENV6, Policy DM2, Policy DM3, Policy DM19, Policy DM23, Policy DM24, Policy DM44, Policy T5, Policy 14 of the Cuddington Parish Neighbourhood Plan, Policies 1, 5 and 15 of the Cuddington Parish Neighbourhood Plan

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.