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Dismissed14 June 20243332222

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

Planning appeal 3332222 at Land at Dark Lane, Kingsley, Frodsham, Cheshire, WA6 8BN (Cheshire West and Chester) was dismissed on 14 June 2024 by Inspector Billings C, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and relevant development plan policies.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Billings C
Postcode
WA6 8BN

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.

What the Inspector cited

Development plan policies
Policy STRAT 9Policy STRAT 8Policy STRAT 1Policy STRAT 2Policy ENV 6Policy DM 3Policy ENV 5Policy DM 46Policy R1Policy DM24Policy DM 19Policy ENV 4
National Planning Policy Framework
Paragraph 11Paragraph 142Paragraph 154Paragraph 155Paragraph 208Paragraph 63
Judgments
Julian Wood v SSCLG & Gravesham Borough Council [2015] EWCA Civ 195

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

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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.