Planning appeal decision
Stapleford Mill Farm Ryecroft Lane, Bruen Stapleford, CHESTER, CH3 8HH
demolition of existing barn buildings. Erection of two storey dwelling, garage, office and car port
- Authority
- Cheshire West and Chester
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Major R
Main issues, as the Inspector framed them
- whether the appeal site is a suitable location for housing, having regard to the Council's spatial strategy and the relevant development plan policies
- the effect of the proposed development on the character and appearance of the surrounding area
What decided it
The significant harm to the character and appearance of the rural area caused by the proposed new dwelling's incompatible design, scale and prominence substantially and demonstrably outweighs the benefits of housing provision, even when assessed against the tilted balance triggered by the Council's inability to demonstrate a five-year housing land supply.
The adverse impacts arising from significant harm to character and appearance substantially and demonstrably outweigh the benefits of housing provision, self-build opportunity, economic benefits and use of previously developed land when assessed against the Framework policies taken as a whole; the fallback scheme negates harms from unsustainable location but is afforded limited weight because the appeal proposal would be more harmful to character and appearance than the fallback scheme.
Framework references: 11, 73, 83, 84, 110, 115, 129, 135, 139, 225
Plan policies cited: Policy STRAT 1, Policy STRAT 2, Policy STRAT 8, Policy STRAT 9, Policy ENV 6, Policy DM 1, Policy DM 3, Policy DM 19, Policy DM 21, Policy 3 of the Central Gowy (South) Neighbourhood Plan (2015 – 2030) (2018)
Judgments cited: Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314; North Wiltshire DC v SSE & Clover [1992] JPL 955, (1993) 65 P&CR 137
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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