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Planning appeal decision

Split Decision16 February 20263341226

Land on the West Side of Mudhurst Lane, Disley, Stockport, Cheshire, SK12 2BY

Without planning permission, the unauthorised raising of the land through the importation and deposit of soil, clay, hardcore and material and the unauthorised construction of a track

Authority
Cheshire East
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Other minor developments
Inspector
Pleasant L

Main issues, as the Inspector framed them

  • whether the access track amounts to inappropriate development within the Green Belt
  • the effect of the access track on the openness and purposes of the Green Belt
  • the effect of the access track on the landscape and the character and appearance of the area
  • the effect of the access track on Glebe Field Disley Local Wildlife Site (LWS)
  • if the development does amount to inappropriate development within the Green Belt, whether the harm by way of inappropriateness, and any other harm, is clearly outweighed by other material considerations such that very special circumstances exist to justify a grant of planning permission

What decided it

The opportunity to secure ecological enhancements through a detailed condition requiring habitat management and monitoring over 30 years provided sufficient mitigation to outweigh the harm to the LWS caused by the track construction, particularly as removal would cause further environmental harm.

Framework references: 154

Plan policies cited: Policy PG3, Policy SD2, Policy SE4, Policy SE15, Policy SE3, Policy ENV1, Policy ENV2

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.