®Planning appeal decision
Nine Oaks Stocks Lane, Over Peover, KNUTSFORD, WA16 8TU
Without planning permission - 1. the erection of a two storey rear extension; 2. the erection of a single storey side extension; 3. the erection of a first floor side extension; and 4. the alteration to part of the roof to provide a glass lantern above the main ridge
- Authority
- Cheshire East
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Other minor developments
- Inspector
- Hanson S
Main issues, as the Inspector framed them
- Whether the development is inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policy
- The effect of the development on openness and the purposes of the Green Belt
- If the development is inappropriate, whether the 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 extensions were found to be disproportionate additions over the original building, amounting to inappropriate development causing Green Belt harm that was not clearly outweighed by the limited weight given to fallback and other considerations.
the substantial weight given to the Green Belt harm and policy conflict was not clearly outweighed by the limited weight afforded to fallback considerations (demolition/rebuild as infill or PDL redevelopment, and a pending replacement dwelling application), so very special circumstances were not established
Framework references: 142, 153, 154
Plan policies cited: Policy PG 3, Policy PG 10, Policy RUR 11, Policy H1
Judgments cited: Lee Valley Regional Park Authority, R (on the application of) v Epping Forest District Council & Anor [2016] EWCA Civ 404; Euro Garages Ltd vs. SoS for CLG and Cheshire West and Chester Council [2018] EWHC 1753 (Admin); Samuel Smith Old Brewery (Tadcaster) & Ors, R (on the application of) v North Yorkshire County Council [2020]
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.