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Planning appeal decision

Dismissed15 September 20253366704

Carlisle House, Knutsford Road, knolls Green, Mobberley, Knutsford, CHESHIRE, WA16 7BA

the ‘Construction of a single storey dwelling with access, landscaping and associated work’

Authority
Cheshire East
Appeal type
ldc · Lawful Development Certificate
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Hitchcock R

Main issues, as the Inspector framed them

  • whether or not the Authority's decision to refuse the LDC was well founded
  • whether the proposal would be inappropriate development in the Green Belt having regard to the revised Framework and any relevant development plan policies
  • if found inappropriate, the effect on the openness of the Green Belt
  • the effect on the Open Countryside
  • the effect on Great Crested Newts
  • 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 weight given to the benefits of real-world testing of graphene-enhanced construction materials, combined with housing need, clearly outweighed the Green Belt and countryside harm, establishing very special circumstances to justify allowing Appeal B, while the absence of curtilage status defeated Appeal A.

The substantial harm from inappropriateness, limited harm to openness, and minor countryside policy conflict were clearly outweighed by the substantial benefits of the GE materials research project and housing need, amounting to very special circumstances justifying the grant of permission.

Framework references: 57, 84, 110, 115, 139, 143, 154, 155

Plan policies cited: Policy PG3, Policy PG6, Policy SD2 (Table 9.1), Policy SE3, Policy ENV2

Judgments cited: Hiley v SoS [2022] EWHC 1289 (Admin); Dyer v Dorset CC [1988] 3 WLR 213; Sinclair-Lockhart's Trustees v Central Land Board (1950) 1 P&CR 195; Burford v SSCLG & Test Valley BC [2017] EWHC 1493 (Admin); [2017] JPL 1300; Blackbushe Airport Limited v Hampshire County Council and SSEFRA [2021] EWCA Civ 398

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.