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Planning appeal decision

Quashed On Legal Grounds17 April 20243325120

Nutts Corner Stables , Pingot Lane, FRODSHAM, WA6 9FA

the material change of use of the land from equestrian to a mixed use of equestrian and a residential caravan site for a traveller family with associated domestic structures, amenity block, hardstanding, fencing, entrance pillars and gates and the use of an existing stable building for domestic purposes in connection with the residential use of the site

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Not Applicable
Inspector
Hand S

Main issues, as the Inspector framed them

  • There is no dispute the gypsy sites are inappropriate development in the green belt, but the impact on openness and on the landscape is in dispute
  • The implementation of the Manley Road stables permission
  • Impact on the landscape
  • Whether the location of the site encourages travel by other than private car
  • The impact on the setting of the listed Manley Knoll
  • Intentional unauthorised development
  • Previously developed land
  • Whether there has been a failure of policy

What decided it

The combination of the Council's failure of policy in providing gypsy/traveller sites, the absence of alternative sites, and the appellants' personal circumstances and the best interests of their children tipped the balance in favour of a temporary five-year permission rather than a permanent permission or dismissal.

Substantial/considerable green belt, openness, encroachment and countryside harms, together with intentional unauthorised development, were found to outweigh the case for a permanent permission, but were outweighed for the purposes of a temporary five-year permission by the lack of a 5-year supply of gypsy/traveller sites, absence of alternative sites, the Council's failure of policy, and the great weight attached to the appellants' personal circumstances and the best interests of the children.

Framework references: 109, 154

Plan policies cited: ENV6, STRAT9, SOC4

Judgments cited: South Gloucestershire v SSETR & Alvis Brothers ltd [1999] JPL B99; Hussein v SSCLG [2017] EWCA Civ 1060; Commercial Land Ltd v SSTLR & Kensington and Chelsea RBC [2002] EWHC 1264 (Admin); [2003] JPL 358; Lisa Smith v SSLHC & NW Leicestershire Council [2022] EWCA Civ 1291

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.