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Planning appeal decision

Dismissed8 February 20233305723

Broadoaks, Fingerpost Lane, Norley, Cheshire, WA6 8LE

a new detached dwelling

Authority
Cheshire West and Chester
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Veevers A

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policy
  • The effect of the proposal on the openness of the Green Belt
  • Whether the proposal would provide a suitable location for residential development with regard to the development plan strategy
  • The effect on the living conditions of occupants of Broadoaks, with particular regard to outdoor private amenity space
  • Whether the proposal would provide acceptable living conditions for future occupiers, with particular regard to outdoor private amenity space
  • The effect of the proposal on the character and appearance of the area
  • Whether any harm by reason of inappropriateness and any other harm would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The proposal constitutes inappropriate development in the Green Belt outside a village, causes substantial harm to openness, is in an unsuitable location contrary to development plan policy, and would unacceptably harm the living conditions of existing occupants, and these harms are not clearly outweighed by other considerations.

The substantial weight afforded to Green Belt harm and significant weight afforded to unsuitable location and harm to existing occupants' living conditions were not outweighed by the limited benefits of housing delivery and economic contributions, so very special circumstances do not exist.

Framework references: 11, 80, 149

Plan policies cited: Policy STRAT1 of the CWCLP1, Policy STRAT2 of the CWCLP1, Policy STRAT8 of the CWCLP1, Policy STRAT9 of the CWCLP1, Policy SOC5 of the CWCLP1, Policy ENV6 of the CWCLP1, Policy R1 of the CWCLP2, Policy DM2 of the CWCLP2, Policy DM3 of the CWCLP2, Policy DM19 of the CWCLP2, Policy HOU1 of the Norley Neighbourhood Plan

Judgments cited: Julian Wood v SSCLG and Gravesham BC [2015] EWCA civ 195

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.