Planning appeal decision
PITCH 6, LAND OFF DRAGONS LANE , SANDBACH, CHESHIRE, CW11 3QB
the material change of use of land from an agricultural use to a use as a residential caravan site with one pitch of no more than two caravans (one static and one touring), together with the creation of hardstanding, erection of fences and gates, siting of caravans, and a container, and the erection of a day room and a bin store
- Authority
- Cheshire East
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- caravan-gypsy · Major traveller and caravan pitches
- Inspector
- McGlone A
Main issues, as the Inspector framed them
- whether the proposal is in a suitable location in the countryside and occupants would have reasonable access to facilities and services, having regard to the development plan, the National Planning Policy Framework (the Framework), and the Planning Policy for Traveller Sites (PPTS)
- the effect of the proposal on the high-pressure gas lines
- the effect of the proposal on the character and appearance of the area
- the need for, and provision of, sites for gypsies and travellers in the area
- any other material considerations in support, including alternatives and personal circumstances
What decided it
The unacceptable safety risk to occupiers from proximity to high-pressure gas pipelines, weighed against the personal circumstances of each family, determined whether temporary permission could be justified or whether the notice should be upheld.
Very substantial weight attached to the safety risk from the gas pipelines and moderate harm to character and appearance were weighed against significant to very significant weight given to personal circumstances, best interests of the children, and the lack of a five-year supply of deliverable Gypsy and Traveller pitches; permanent permission was refused in every case, but for Appeals A, B and E the balance tipped in favour of a two-year temporary personal permission, while for Appeal C the harm still significantly and demonstrably outweighed the benefits even on a temporary basis.
Framework references: 110, 11, 135, 139, 102
Plan policies cited: Policy PG 6 (CELPS), Policy SC 7 (CELPS), Policy SD 1 (CELPS), Policy SD 2 (CELPS), Policy SE 13 (CELPS), Policy HOU 5 (SADPD), Policy HOU5(3) (SADPD), Policy INF 7(2) (SADPD), Policy ENV 17 (SADPD), Policy PG 10 (SADPD)
Judgments cited: Smith v SSLUHC & Ors (2022) EWCA; R (Ardagh Glass Ltd) v Chester CC [2009]
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.
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