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Dismissed23 November 20223301050

8 and 10 Birch Heath Road, Tarporley, CW6 9UR

Planning appeal 3301050 at 8 and 10 Birch Heath Road, Tarporley, CW6 9UR (Cheshire West and Chester) was dismissed on 23 November 2022 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: The effect on protected species and biodiversity.

the proposed infill development of six pairs of 3-bed semi-detached dwellings, two 4-bed detached dwellings and three 2-bed affordable dwellings for the elderly

Authority
Cheshire West and Chester
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Hitchcock R
Postcode
CW6 9UR

Main issues, as the Inspector framed them

  • The effect on protected species and biodiversity
  • Whether or not the site would provide a suitable location for housing

What decided it

The identified harm to biodiversity, particularly the significant net loss of trees without adequate compensatory planting or secured enhancements, outweighed the benefits of housing delivery including affordable and elderly accommodation.

The benefits of policy-compliant affordable and elderly housing delivery and the suitable location for housing were outweighed by the identified harm to biodiversity and failure to meet the duty to preserve or adequately compensate for trees

What the Inspector cited

Development plan policies
Policy STRAT1Policy STRAT2Policy STRAT8Policy STRAT9Policy ENV4Policy DM19Policy DM44

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 2022

  1. Dismissed7 August 20266008811
    46 Ermine Road, Chester, CH2 3PL
  2. Notice varied and upheld28 November 20253354139
    Winnington Lane , Northwich, CW8 4DE
  3. Split Decision12 November 20253371372
    139 Ashton Drive, Frodsham, Cheshire, WA6 7PU
  4. Allowed28 July 20253356915
    Land Adjacent to Hurst Cottage, The Hurst, Kingsley, Cheshire, WA6 8BD
  5. Allowed1 July 20253360109
    The Surgery, Russet Road, Weaverham, Cheshire West And Chester, CW8 3HY

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.