Planning appeal decision
Land To The West of Manley Road , Manley , Frodsham, Cheshire, WA6 9ED
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 shortfall in the supply of gypsy and traveller sites, absence of alternative sites and the Council's policy failure, weighed against the personal circumstances and best interests of the children, justified a temporary five-year permission rather than outright dismissal, even though the green belt harm was found to outweigh a permanent grant.
The substantial harm from inappropriateness, loss of openness and encroachment, together with considerable harm to the countryside, outweighed the benefits of the shortfall in gypsy site supply, absence of alternatives and policy failure so as to preclude a permanent permission, but the personal circumstances, best interests of the children and human rights considerations meant it would be disproportionate to refuse a temporary five-year permission.
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.
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