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Planning permission granted17 April 20243325122

Land To The West of Manley Road , Manley , Frodsham, Cheshire, WA6 9ED

Planning appeal 3325122 at Land To The West of Manley Road , Manley , Frodsham, Cheshire, WA6 9ED (Cheshire West and Chester) was allowed on 17 April 2024 by Inspector Hand S, following an inquiry. The main issue, as the Inspector framed it: 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 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
Postcode
WA6 9FA

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.

What the Inspector cited

Development plan policies
ENV6STRAT9SOC4
National Planning Policy Framework
Paragraph 109Paragraph 154
Judgments
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

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

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More decisions in Cheshire West and Chester

The authority’s record since 2016 · every decision in 2024

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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.