Planning appeal decision
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
- Authority
- Cheshire West and Chester
- 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.
See how each was appliedThe 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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- Dismissed6 October 20266011029Oaktree, Liverpool Road, Neston, CH64 3RQ
- Dismissed28 September 20266010642Land Adjacent 10 Wren Avenue, Sproston, Crewe, CW4 7LS
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.
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