®Planning appeal decision
Willaston Waters Angling & Recreational Fishing, Damhead Lane, Willaston, NESTON, CH64 2TP
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
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.
Plan policies cited: Policy STRAT9, Policy ENV2, Policy ENV6, Policy DM3
Judgments cited: 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)
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.