Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice upheld5 June 20233309004

Land on the North Side of Middle Lane, Congleton, Cheshire, CW12 1PX

Planning appeal 3309004 at Land on the North Side of Middle Lane, Congleton, Cheshire, CW12 1PX (Cheshire East) was dismissed on 5 June 2023 by Inspector Hartley D, following a hearing. The main issue, as the Inspector framed it: whether or not the developments would be inappropriate development in the Green Belt including their effect on openness and the purposes of the Green Belt.

change of use of land to a gypsy/traveller site for one family with two caravans, including access track, hardstanding and bio-disc sewage treatment plant. Appeal

Authority
Cheshire East
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Hartley D
Postcode
CW12 3PU

Main issues, as the Inspector framed them

  • whether or not the developments would be inappropriate development in the Green Belt including their effect on openness and the purposes of the Green Belt
  • the effect of the developments on the character and appearance of the area
  • the effect of the developments on highway safety
  • whether the site is sustainably located
  • whether intentional unauthorised development has taken place
  • the provision and need for Gypsy and Traveller sites
  • the personal circumstances of the family
  • if the developments are inappropriate, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the developments

What decided it

The harm to the Green Belt by reason of inappropriateness, together with the other identified harm, was not clearly outweighed by the personal circumstances, unmet need and lack of alternative sites so as to amount to very special circumstances.

Very substantial adverse weight attributed to Green Belt harm (inappropriateness, loss of openness and conflict with a Green Belt purpose), together with modest adverse weight for intentional unauthorised development and harm to character and appearance, was not clearly outweighed by the personal circumstances of the family, best interests of the children, unmet Gypsy and Traveller need and lack of an immediately available alternative site, so the appeals were dismissed.

What the Inspector cited

Development plan policies
SC7PG3HOU 5HOU 7SE1SE4HOU7 (5)SC7 2(i)PG 6PG 10HOU 5(3)
National Planning Policy Framework
Paragraph 147Paragraph 148Paragraph 137Paragraph 138Paragraph 111Paragraph 105
Judgments
Turner v SSLG & East Dorset Council [2016]; Smith v SSLUHC & Ors (2022) EWCA

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

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

25 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Cheshire East

The authority’s record since 2016 · every decision in 2023

  1. Dismissed13 October 20266009638
    The Smithy, Adlington Road, Wilmslow, SK9 2LN
  2. Allowed5 October 20266008576
    Land At Racecourse Road - Greaves Road, Racecourse Road - Greaves Road, Wilmslow, SK9 5LW
  3. Allowed2 October 20266010578
    Land at Dunvilles Farm, Bollington Lane, Chelford Road, Monks Heath, Macclesfield, SK10 4UL
  4. Dismissed30 September 20266010213
    Disley Meadow, Lower Greenshall Lane, Disley, SK12 2HH
  5. Allowed30 September 20266008176
    Sycamore Farm, Well Bank Lane, Over Peover, WA16 8UN

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.