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Notice upheld20 November 20253352965

Land at Fox and Hounds Inn, Holmes Chapel Road, Sproston, Cheshire, CW4 7LW

Planning appeal 3352965 at Land at Fox and Hounds Inn, Holmes Chapel Road, Sproston, Cheshire, CW4 7LW (Cheshire West and Chester) was dismissed on 20 November 2025 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the living conditions of nearby residents, having regard to noise disturbance.

Marquee for outdoor dining

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Other minor developments
Inspector
Merrett R
Postcode
CW4 7LW

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.

What the Inspector cited

Development plan policies
Policy SOC 5Policy DM 2Policy DM 30Policy STRAT 9Policy ENV 6Policy DM 3

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.

See how each was applied

The decision letter

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More decisions in Cheshire West and Chester

The authority’s record since 2016 · every decision in 2025

  1. Dismissed27 October 20266008480
    Moorsbarrow Hall Farm, Brereton Lane, Sproston, CW10 0JX
  2. Allowed22 October 20266009366
    Land Adjacent Mangoletsi Ltd, London Road, Allostock, Northwich, WA16 9NS
  3. Dismissed7 August 20266008811
    46 Ermine Road, Chester, CH2 3PL
  4. Notice upheld22 July 20263349074
    The Cedars, Towers Lane, Alvanley, Frodsham, Cheshire, WA6 0LG
  5. Dismissed30 June 20266007108
    Land at Marsh Lane, Lower Whitley, WA4 4EX

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.