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Notice varied and upheld22 July 20243331265

Willaston Waters Angling & Recreational Fishing, Damhead Lane, Willaston, Neston, CH64 2TP

Planning appeal 3331265 at Willaston Waters Angling & Recreational Fishing, Damhead Lane, Willaston, Neston, CH64 2TP (Cheshire West and Chester) was allowed in part (a split decision) on 22 July 2024 by Inspector Moore D, following a hearing. The main issue, as the Inspector framed it: Whether the development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies.

without planning permission, the erection of a building, erection of toilet block, storage container, new entrance wall and entrance gates

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
leisure-sport · Other minor developments
Inspector
Moore D
Postcode
CH64 2TP

Main issues, as the Inspector framed them

  • Whether the development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies.
  • The effect of the development on the openness of the Green Belt.
  • The effect of the development on the character and appearance of the area.
  • Whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal.

What decided it

The clubhouse as built was found not to be an appropriate facility for outdoor sport and recreation, causing harm to the openness of the Green Belt that was not clearly outweighed by the other considerations advanced.

The substantial weight attributed to the harm from inappropriate development, together with limited harm to character and appearance, was not clearly outweighed by the other considerations (health/social benefits, environmental benefits, economic benefits and the fallback position), so very special circumstances did not exist.

What the Inspector cited

Development plan policies
Policy STRAT9Policy ENV2Policy ENV6Policy DM3
Judgments
Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council [2020] UKSC; Europa Oil and Gas Ltd v SSCLG [2013] EWHC 2643 (Admin)

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.

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The decision letter

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More decisions in Cheshire West and Chester

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

  1. Dismissed21 October 20266013998
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  3. Dismissed6 October 20266011029
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  5. Dismissed10 September 20266005495
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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.