®Planning appeal decision
Land at Fox and Hounds Inn, Holmes Chapel Road, Sproston, CHESHIRE, CW4 7LW
Marquee for outdoor dining
- Authority
- Cheshire West and Chester
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- other · Other minor developments
- Inspector
- Merrett R
Main issues, as the Inspector framed them
- the effect of the development on the living conditions of nearby residents, having regard to noise disturbance
- the effect of the development on the character and appearance of the host building and wider area
- the financial viability of the business
What decided it
The availability of effective, enforceable noise-mitigation conditions meant the marquee's noise and character impacts could be controlled, tipping the balance in favour of granting temporary planning permission, while the enforcement notice was upheld because only removal (not lesser steps) could remedy the breach.
The benefits of retaining the marquee for the business and community, combined with mitigable noise and character impacts, outweighed the harms, leading to a temporary permission being granted; conversely, for the enforcement appeal, the need to remedy the breach outweighed the appellant's case for lesser steps or more time, though the notice will cease to have effect once the permission takes effect.
Plan policies cited: Policy SOC 5, Policy DM 2, Policy DM 30, Policy STRAT 9, Policy ENV 6, Policy DM 3
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.