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Notice varied and upheld2 August 20243330021

Jahanara Bhavan, Brereton Heath Lane, Brereton Heath , Cheshire , CW12 4SZ

Planning appeal 3330021 at Jahanara Bhavan, Brereton Heath Lane, Brereton Heath , Cheshire , CW12 4SZ (Cheshire East) was allowed in part (a split decision) on 2 August 2024 by Inspector Griffin E, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the surrounding area.

the erection of a boundary wall exceeding one metre in height adjacent a highway and two metres in height where not adjacent a highway

Authority
Cheshire East
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Other minor developments
Inspector
Griffin E
Postcode
CV12 4SZ

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the surrounding area.

What decided it

The wall's incongruous design, materials and scale caused harm to the character and appearance of the surrounding rural area, contrary to development plan policy.

the appellant's security justification for the wall was given minimal weight and did not outweigh the harm identified to the character and appearance of the area

What the Inspector cited

Development plan policies
Policy GEN1Policy SE1Policy HOU10
Judgments
Prengate Properties Ltd v SSE [1973] 25 P & CR 311

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 East

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

  1. Split Decision27 July 20263375297
    Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
  2. Split Decision27 July 20263375291
    Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
  3. Notice varied and upheld27 July 20263363488
    Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
  4. Quashed On Legal Grounds2 March 20263347020
    Greenacre, Leek Old Road, Sutton, Macclesfield , SK11 0HZ
  5. Split Decision16 February 20263341226
    Land on the West Side of Mudhurst Lane, Disley, Stockport, Cheshire, SK12 2BY

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.