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Planning appeal decision

Dismissed22 December 20223302423

BRIAR LEA COTTAGE, NANTWICH ROAD, TILSTONE FEARNALL, CHESHIRE, CW6 9HP

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

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.

Plan policies cited: Policy STRAT 1, Policy STRAT 2, Policy STRAT 8, Policy STRAT 9, Policy DM19, Policy R1, Policy BE3, Policy BE1, Policy NE4, Policy SOC5, Policy DM2

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.