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Planning appeal decision

Notice varied and upheld23 August 20243334057

157 Hermitage Road, Saughall, CHESTER, CH1 6AF

the use of outbuilding as fitness and well being studio

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Walker A

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residential amenity through noise and disturbance, applying the tilted balance under NPPF paragraph 11(d)(ii) due to out-of-date development plan policies

Framework references: 11, 93

Plan policies cited: Policy ECON 2, Policy ECON 3, Policy STRAT 1, Policy STRAT 2, Policy STRAT 8, Policy STRAT 9, Policy SOC 5, Policy R1, Policy DM 2, Policy DM 30

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.