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Planning appeal decision

Dismissed15 September 20253365540

Land off Moss Wood, Moss Lane, Brereton Heath, Cheshire, CW12 4SX

permission in principle for the construction of 1 no. self-build dwelling

Authority
Cheshire East
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Major R

Main issues, as the Inspector framed them

  • Whether the location, the proposed land use and the amount of development is suitable for residential development, having particular regard to the Council's spatial strategy and the relevant development plan policies; accessibility of local services, facilities and sustainable modes of transport; and the effect on the character and appearance of the area

What decided it

The adverse impacts arising from the appeal site's unsustainable location, the impacts on the Council's development strategy for the location of new development, and the limited harm to the character and appearance of the area significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework taken as a whole.

The adverse impacts of unsustainable location, conflict with spatial strategy policies, and limited harm to character and appearance significantly and demonstrably outweigh the benefits of one self-build dwelling (limited weight given Council has exceeded self-build permissions target), modest economic benefits (limited weight), efficient use of previously developed land (moderate weight), and contribution to housing supply (moderate weight), such that the presumption in favour of sustainable development does not apply.

Framework references: 11, 73, 83, 84, 91, 110, 115, 125, 129, 135, 139, 225

Plan policies cited: CELPS Policy PG 6, CELPS Policy SD 1, CELPS Policy SD 2, CELPS Policy SE 1, CELPS Policy SE 2, BNP Policy HOU01, BNP Policy HOU02, BNP Policy HOU04, SADPD Policy PG 9, SADPD Policy HOU 3

Judgments cited: Dartford Borough Council v The Secretary of State for Communities and Local Government & Ors [2017] EWCA Civ 141

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.