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Planning appeal decision

Dismissed10 December 20243348049

Middle Moss Farm, Lowes Lane, Gawsworth, Macclesfield, CHESHIRE, SK11 9QR

the erection of replacement dwelling

Authority
Cheshire East
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Bennett T

Main issues, as the Inspector framed them

  • whether the proposed development would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework (NPPF) and any relevant development plan policies
  • whether the proposed development would have an adverse impact on protected species with particular regard to bats
  • if the development would be inappropriate, whether the harm to the Green Belt by way 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 proposal

What decided it

The Inspector could not be confident that there is a reasonable prospect of a mitigation licence being granted by Natural England because the first derogation test (imperative reasons of overriding public interest) could not be satisfied.

Framework references: 154

Plan policies cited: Policy PG3, Policy RUR13, Policy SE3, Policy ENV2, Policy ENV1

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.