Planning appeal decision
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 appliedThe 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


More decisions in Cheshire East
The authority’s record since 2016 · every decision in 2023
- Dismissed13 October 20266009638The Smithy, Adlington Road, Wilmslow, SK9 2LN
- Allowed5 October 20266008576Land At Racecourse Road - Greaves Road, Racecourse Road - Greaves Road, Wilmslow, SK9 5LW
- Allowed2 October 20266010578Land at Dunvilles Farm, Bollington Lane, Chelford Road, Monks Heath, Macclesfield, SK10 4UL
- Dismissed30 September 20266010213Disley Meadow, Lower Greenshall Lane, Disley, SK12 2HH
- Allowed30 September 20266008176Sycamore 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.
®