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Planning appeal decision

Dismissed14 June 20243332222

Land at Dark Lane, Kingsley, Frodsham, Cheshire, WA6 8BN

for 1no. 4 bedroom two storey self-build dwelling and outbuilding

Authority
Cheshire West and Chester
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Billings C

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and relevant development plan policies
  • the effect of the proposal on the openness of the Green Belt
  • the effect of the proposed development on the character and appearance of the area, including its effect on the Kingsley Conservation Area
  • whether the appeal site offers a suitable location for the proposed development having regard to the development plan policies that support sustainable development and limit housing in the countryside
  • whether the harm by reason of inappropriateness and any other harm, would be clearly outweighed by other considerations so as to amount to very special circumstances necessary to justify the proposed development

What decided it

The cumulative weight of harm to the Green Belt and the designated heritage asset of the Kingsley Conservation Area, which carries considerable importance and weight, was not clearly outweighed by the moderate benefits of providing one self-build dwelling and other considerations.

The substantial negative weight given to Green Belt harm and considerable weight given to harm to the Conservation Area were not outweighed by the moderate weight benefits of self-build housing provision, biodiversity net gain, and economic benefits, such that very special circumstances do not exist.

Framework references: 11, 142, 154, 155, 208, 63

Plan policies cited: Policy STRAT 9, Policy STRAT 8, Policy STRAT 1, Policy STRAT 2, Policy ENV 6, Policy DM 3, Policy ENV 5, Policy DM 46, Policy R1, Policy DM24, Policy DM 19, Policy ENV 4

Judgments cited: Julian Wood v SSCLG & Gravesham Borough Council [2015] EWCA Civ 195

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.