®Planning appeal decision
Green Bank Farm, Withy Lane, Broxton, Chester, CH3 9JP
Planning appeal 3299947 at Green Bank Farm, Withy Lane, Broxton, Chester, CH3 9JP (Cheshire West and Chester) was dismissed on 21 February 2023 by Inspector Ellison H, by written representations. The main issue, as the Inspector framed it: Whether the condition restricting occupation of the dwelling to agricultural or forestry workers is necessary and reasonable having regard to the location of the appeal site.
the erection of a single storey dwelling on land adjacent to Withy Lane, Broxton to provide accommodation for a stock manager, dwelling to have basement of an area similar to the ground floor area of the proposed dwelling, without complying with a condition attached to planning permission Ref 12/00117/OUT, dated 30 August 2012
- Authority
- Cheshire West and Chester
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- agricultural · Other minor developments
- Inspector
- Ellison H
- Postcode
- CH3 9JP
Main issues, as the Inspector framed them
- Whether the condition restricting occupation of the dwelling to agricultural or forestry workers is necessary and reasonable having regard to the location of the appeal site
What decided it
The removal of the occupancy condition would result in an unrestricted dwelling in a rural location contrary to the development plan's requirement that countryside dwellings must have a functional need for that location, and the lack of evidence demonstrating a local need for an unrestricted dwelling.
What the Inspector cited
- Development plan policies
- Policy DM25Policy ENV2Policy ENV6Policy STRAT9Policy GBC2Policy DM19
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.