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Dismissed22 December 20223302423

Briar Lea Cottage, Nantwich Road, Tilstone Fearnall, Cheshire, CW6 9HP

Planning appeal 3302423 at Briar Lea Cottage, Nantwich Road, Tilstone Fearnall, Cheshire, CW6 9HP (Cheshire West and Chester) was dismissed on 22 December 2022 by Inspector Rennie S, following a hearing. The main issue, as the Inspector framed it: Whether the proposed development is in an appropriate and accessible location, in accordance with planning policy, whilst also taking into account the particular circumstances of the appellant.

Unique Very Special Circumstances for the proposed development of five detached family homes and three affordable homes for local need at Briar Lea Cottage small holding

Authority
Cheshire West and Chester
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Rennie S
Postcode
CW6 9HP

Main issues, as the Inspector framed them

  • Whether the proposed development is in an appropriate and accessible location, in accordance with planning policy, whilst also taking into account the particular circumstances of the appellant.
  • The effect of the development on the character and appearance of the area
  • The effect of the development to the living conditions of future occupiers.

What decided it

The proposal's unsustainable and inaccessible countryside location, contrary to the development plan's settlement strategy, was not outweighed by insufficiently evidenced personal circumstances justifying the scale of development.

The benefits of the development, including provision of housing and the appellant's personal circumstances, were given modest weight, while the harm from the unsustainable, inaccessible location and visual harm to rural character was given significant weight, so the balance tipped against the proposal.

What the Inspector cited

Development plan policies
Policy STRAT 1Policy STRAT 2Policy STRAT 8Policy STRAT 9Policy DM19Policy R1Policy BE3Policy BE1Policy NE4Policy SOC5Policy DM2

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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The authority’s record since 2016 · every decision in 2022

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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.