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Allowed4 December 20243345318

Land Between Junctions 7 and 8 of the M56, Tatton, Cheshire

Planning appeal 3345318 at Land Between Junctions 7 and 8 of the M56, Tatton, Cheshire (Cheshire East) was allowed on 4 December 2024 by Inspector Rose D, following an inquiry. The main issue, as the Inspector framed it: The effects of the proposed development on the openness of the Green Belt and its purposes; including the landscape and visual effects of the proposal.

Erection of a Motorway Service Area (MSA), demolition of all existing buildings except for the retention and conversion of one residential building (existing farmhouse) and the part retention and conversion of the Eastern Barn for MSA operational purposes, including associated access and buildings (Amenity Building, MSA Hotel and Fuel Filling Station including photovoltaics and ancillary structures), Service Yard, parking for all categories of vehicle (including electric vehicle charging), open space, landscaping and planting, drainage, vehicular circulation, pedestrian and cycle links (including diversion of cycle track) and earthworks/enabling works

Authority
Cheshire East
Appeal type
other · Called In Planning Application
Procedure
Inquiry
Development
other · Other Major Developments
Inspector
Rose D

Main issues, as the Inspector framed them

  • The effects of the proposed development on the openness of the Green Belt and its purposes; including the landscape and visual effects of the proposal
  • Whether there is a need for the proposed development having regard to the current gaps in Motorway Service Area provision
  • The effects of the proposal on highway safety including the effect on the A556
  • Whether the proposal would have an unacceptable economic effect on local centres and result in unsustainable patterns of travel
  • The effects of the proposed development on heritage assets
  • The effects of the proposal on the natural environment
  • Whether harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The clear and indisputable strategic need for a Motorway Service Area at this location, combined with the site's grey belt status meaning the development was not inappropriate in the Green Belt, meant the substantial benefits were not outweighed by the identified harms.

The substantial/significant benefits of the MSA (need, safety and welfare, EV charging, economic benefits, design, biodiversity, bus scheme) were found to clearly outweigh the moderate landscape, BMV and heritage harms and, applying revised Green Belt 'grey belt' policy, the Green Belt harm did not require substantial weight, so the balance favoured granting planning permission.

What the Inspector cited

Development plan policies
CELPS Policy PG3CELPS Policy SD2CELPS Policy SE1CELPS Policy SE4CELPS Policy SE9SADPD Policy GEN1SADPD Policy ENV3
National Planning Policy Framework
Paragraph 49Paragraph 57Paragraph 58Paragraph 92Paragraph 94Paragraph 110Paragraph 115Paragraph 131Paragraph 143Paragraph 153Paragraph 154Paragraph 155Paragraph 182Paragraph 205Paragraph 208Paragraph 212Paragraph 215
Judgments
SWIP v Cherwell DC [2013] EWHC 3968 (Admin)

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.

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The decision letter

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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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