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Planning appeal decision

Notice varied and upheld18 November 20243334469

4 Beech Farm, Heath Lane, Croft, WARRINGTON, WA3 7DJ

Authority
Warrington Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
Freer P

Main issues, as the Inspector framed them

  • the effect on the openness of the Green Belt
  • the effect on the development on the character and appearance of the area
  • whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development

What decided it

The substantial harm from inappropriateness together with the significant harm to openness and character and appearance was not clearly outweighed by the other considerations, so very special circumstances did not exist.

the substantial harm from inappropriateness and significant harm to openness and character and appearance were not clearly outweighed by moderate weight to business disruption, significant weight to impeding the appellant's gypsy way of life, and moderate weight to supportive representations, so very special circumstances were not established

Framework references: 153

Plan policies cited: Policy DC1, Policy DC6

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Challenge Fencing Ltd. v SSHCLG [2019] EWHC 553 (Admin); Emin v Secretary of State for the Environment [1989] J.P.L. 909; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; R (oao Watts) v SSETR & Hammersmith and Fulham LBC [2002] JPL 1473; Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Caldwell & Timberstore Ltd v SSLUHC & Buckinghamshire Council [2024] EWCA Civ 467; Somak Travel v SSE & Brent LBC [1987] JPL 630

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.