®Planning appeal decision
Wrigley Barn, Wrigley Lane, Over Alderley, MACCLESFIELD, CHESHIRE, SK10 4SA
demolition of an agricultural building and replacement with a new self- build dwelling (Class C3) and for associated operational development
- Authority
- Cheshire East
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Veevers A
Main issues, as the Inspector framed them
- Whether the proposal would be inappropriate development in the Green Belt having regard to the Framework and any relevant development plan policies
- The effect of the proposal on the openness of the Green Belt
- The effect of the proposal on the character and appearance of the area
- Whether any harm by reason of inappropriateness and any other harm would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal
What decided it
The substantial harm to the Green Belt by reason of inappropriateness and the moderate (Appeal A) or limited (Appeal B) harm to openness and character, which were not clearly outweighed by other considerations including the fallback position, housing provision, energy efficiency, and self-build status.
The substantial harm to the Green Belt by reason of inappropriateness, together with moderate harm to openness and character in Appeal A and limited harm to openness and character in Appeal B, outweighed the cumulative moderate weight afforded to other considerations including energy efficiency, housing provision, economic and social benefits, and self-build status, such that very special circumstances did not exist.
Framework references: 11, 84, 142, 153, 154, 155
Plan policies cited: Policy PG3 of the Cheshire East Local Plan Strategy 2010-2030, Policy RUR13 of the Cheshire East Local Plan Site Allocations and Development Policies Document, Policy SD2 of the Cheshire East Local Plan Strategy, Policy SE1 of the Cheshire East Local Plan Strategy, Policy SE4 of the Cheshire East Local Plan Strategy, Policy GEN1 of the Cheshire East Local Plan Site Allocations and Development Policies Document, Policy OA6 of the Over Alderley Neighbourhood Development Plan 2024-2030
Judgments cited: John Turner v SoSCLG & East Dorset Council [2016] EWCA Civ 466; R (Samuel Smith Old Brewery) v Yorkshire CC [2020] UKSC 3; Euro Garages Limited v SoSCLG and Cheshire West and Chester Council [2018] EWHC 1753 (Admin); R (Isabel Haden) v Shropshire C [2020] EWHC 33; Mansell v Tonbridge & Malling Borough Council [2017] EWCA Civ 1314
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.