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Planning appeal decision

Notice varied and upheld27 July 20263363488

Normans Hall Chelford Road, Prestbury, MACCLESFIELD, SK10 4PT

Authority
Cheshire East
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Phillips A

Main issues, as the Inspector framed them

  • Whether the matter alleged in the enforcement notice does not constitute a breach of planning control (ground (c))
  • Whether the time given to comply with the requirements is too short (ground (g))
  • Whether the development is inappropriate development in the Green Belt for the purposes of the development plan and the National Planning Policy Framework
  • The effect on the openness of the Green Belt and the purposes of including the land within it
  • The effect on the character and appearance of the area
  • Whether the development would preserve the setting of the Grade II Listed Building, Normans Hall, and any of the features of special architectural or historic interest that it possesses
  • If the development is inappropriate development, whether the 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 it

What decided it

The additional height of the fence above the 2-metre permitted development threshold caused Green Belt, character and appearance, and heritage harm that was not clearly outweighed by other considerations, so no very special circumstances existed to justify the fence.

Substantial weight was given to the harm from inappropriate development in the Green Belt, together with harm to openness, character and appearance, and the setting of the listed building; these harms were not clearly outweighed by other considerations (including the limited-weight fallback position), so no very special circumstances existed and permission/listed building consent for the fence was refused, while the extensions were allowed as very special circumstances were common ground for those works.

Framework references: 154, 213

Plan policies cited: Policy PG3, Policy GEN1, Policy ENV3, Policy SE1, Policy SE4, Policy SD2, Policy SE7, Policy HER1, Policy HER4, Policy SE3

Judgments cited: Steer v Secretary of State for Communities and Local Government, Catesby Estates Limited, Amber Valley Borough Council [2018] EWCA Civ 1697

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.