®Planning appeal decision
Land east of Chells Hill, Church Lawton, Cheshire, ST7 3FB
the periodic use of land on an annual basis (up to 56 days per calendar year) for moto-cross purposes, retention of hardstanding and access, access enhancements, and associated works
- Authority
- Cheshire East
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- leisure-sport · Change of use
- Inspector
- Walker A
Main issues, as the Inspector framed them
- Appeal A (grounds b and c): whether the use is permitted development under Class B, Part 4, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015
- Appeal A (ground f): whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control
- Appeal A (ground g): whether the period for compliance is unreasonably short
- Appeal B: whether the temporary use of the site for moto-cross purposes (for up to 28 days per calendar year) would be lawful if instituted at the time of application
- Appeal C: whether the development would be inappropriate development in the Green Belt, including having regard to its effect on the openness of the Green Belt and the purposes of including land within it
- Appeal C: the effect of the development on the character and appearance of the area, including the Trent and Mersey Canal Middlewich - Kent Green Conservation Area
- Appeal C: the effect of the development on ecology, with particular regard to trees
- Appeal C: the effect of the development on nearby listed buildings and a non-designated heritage asset
- Appeal C: the effect of the development on the living conditions of the occupants of nearby residential properties, with regard to noise and disturbance
- Appeal C: if the development is 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 development
What decided it
The permanent physical changes to the land (engineered track and hardstanding) prevent realistic reversion to agricultural use, constituting a material change of use that is not permitted development, and the proposed 56-day annual use would be inappropriate development in the Green Belt causing significant harm to openness and character that is not clearly outweighed by other considerations.
Framework references: 11, 142, 143, 152, 153, 154, 155, 201, 205, 225
Plan policies cited: Policy PG3, Policy SE4, Policy SD2, Policy SE3, Policy SE5, Policy SE7, Policy SE12, Policy ENV6, Policy HER1, Policy HER3, Policy HER4, Policy HOU12, Policy RUR6
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.