Planning appeal decision
Land off Moss Wood, Moss Lane, Brereton Heath, Cheshire, CW12 4SX
Planning appeal 3365540 at Land off Moss Wood, Moss Lane, Brereton Heath, Cheshire, CW12 4SX (Cheshire East) was dismissed on 15 September 2025 by Inspector Major R, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- CW12 4SX
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.
What the Inspector cited
- Development plan policies
- CELPS Policy PG 6CELPS Policy SD 1CELPS Policy SD 2CELPS Policy SE 1CELPS Policy SE 2BNP Policy HOU01BNP Policy HOU02BNP Policy HOU04SADPD Policy PG 9SADPD Policy HOU 3
- National Planning Policy Framework
- Paragraph 11Paragraph 73Paragraph 83Paragraph 84Paragraph 91Paragraph 110Paragraph 115Paragraph 125Paragraph 129Paragraph 135Paragraph 139Paragraph 225
- Judgments
- Dartford Borough Council v The Secretary of State for Communities and Local Government & Ors [2017] EWCA Civ 141
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 appliedThe decision letter
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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.
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