®Planning appeal decision
The Cedars, Towers Lane, Alvanley, FRODSHAM, Cheshire, WA6 0LG
the erection of a two -storey dwelling house
- Authority
- Cheshire West and Chester
- Appeal type
- minor · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Jones D
Main issues, as the Inspector framed them
- whether the development is inappropriate development in the Green Belt having regard to the Framework and any other relevant development plan policies
- whether the appeal site is in a suitable location for new housing
- whether any 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 to Green Belt openness and inappropriateness of the development, combined with the unsuitability of the location and absence of demonstrated essential need for a rural worker dwelling, meant that very special circumstances did not exist to justify the development.
The substantial harm to the Green Belt by reason of inappropriateness and erosion of openness, together with harm from the unsuitable location, was not clearly outweighed by other considerations which carried only little weight, so very special circumstances did not exist.
Framework references: 142, 153, 154, 155, 84
Plan policies cited: Policy STRAT9, Policy STRAT1, Policy STRAT2, Policy STRAT8, Policy DM21, Policy DM19, Policy DM25
Judgments cited: Oates v SSCLG & Canterbury CC [2017] EWHC 2716 (Admin), [2018] EWCA Civ 2229, [2019] JPL 251; Iddenden v Secretary of State for the Environment [1972] 1 W.L.R 1433; Hancock v SSCLG & Windsor & Maidenhead RBC [2012] EWHC 3704 (Admin)
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.