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Planning appeal decision

Notice varied and upheld23 August 20243334057

157 Hermitage Road, Saughall, Chester, CH1 6AF

Planning appeal 3334057 at 157 Hermitage Road, Saughall, Chester, CH1 6AF (Cheshire West and Chester) was allowed in part (a split decision) on 23 August 2024 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: the effect of the development on the vitality and viability of existing designated town centres.

the use of outbuilding as fitness and well being studio

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Walker A
Postcode
CH1 6AF

Main issues, as the Inspector framed them

  • the effect of the development on the vitality and viability of existing designated town centres
  • the living conditions of the occupants of neighbouring residential properties, with particular regard to noise and disturbance

What decided it

The significant harm to the living conditions of neighbouring residents through noise and disturbance during unsociable hours substantially and demonstrably outweighed the modest benefits of the development.

the modest benefits of improving wellbeing and providing a service to a rural area were substantially outweighed by the significant harm to neighbouring residential amenity through noise and disturbance, applying the tilted balance under NPPF paragraph 11(d)(ii) due to out-of-date development plan policies

What the Inspector cited

Development plan policies
Policy ECON 2Policy ECON 3Policy STRAT 1Policy STRAT 2Policy STRAT 8Policy STRAT 9Policy SOC 5Policy R1Policy DM 2Policy DM 30
National Planning Policy Framework
Paragraph 11Paragraph 93

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 applied

The decision letter

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What an account adds to this decision

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More decisions in Cheshire West and Chester

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

  1. Dismissed27 October 20266008480
    Moorsbarrow Hall Farm, Brereton Lane, Sproston, CW10 0JX
  2. Allowed22 October 20266009366
    Land Adjacent Mangoletsi Ltd, London Road, Allostock, Northwich, WA16 9NS
  3. Dismissed7 August 20266008811
    46 Ermine Road, Chester, CH2 3PL
  4. Notice upheld22 July 20263349074
    The Cedars, Towers Lane, Alvanley, Frodsham, Cheshire, WA6 0LG
  5. Dismissed30 June 20266007108
    Land at Marsh Lane, Lower Whitley, WA4 4EX

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.