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Dismissed22 September 20253368595

19 Oakdene Way, Tarporley, CW6 0BU

Planning appeal 3368595 at 19 Oakdene Way, Tarporley, CW6 0BU (Cheshire West and Chester) was dismissed on 22 September 2025 by Inspector Major R, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

proposed new small single storey accessible dwelling

Authority
Cheshire West and Chester
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Major R
Postcode
CW6 0BU

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • the effect of the proposed development upon the living conditions of the occupiers of number 19 Oakdene Way with regard to daylight, sunlight and outlook
  • whether the proposed development would provide acceptable living conditions for future occupants, with regard to daylight, sunlight and outlook

What decided it

The significant harm to the character and appearance of the area arising from the confined and cramped layout of the proposed dwelling and the obtrusive front fencing, which would significantly and demonstrably outweigh the benefits of housing delivery even in the context of a shortfall in five-year housing land supply.

The significant harm to character and appearance, given substantial weight in accordance with NPPF paragraphs 135 and 139, significantly and demonstrably outweighed the moderate weight given to housing delivery benefits and the limited weight given to self-build and older persons housing benefits, such that the presumption in favour of sustainable development did not apply.

What the Inspector cited

Development plan policies
Policy ENV 6 of the Cheshire West & Chester Council Local Plan (Part One) Strategic Policies (2015)Policy DM 3 of Cheshire West & Chester Council Local Plan (Part Two) Land Allocations and Details Policies (2019)Policy DM 19 of Cheshire West & Chester Council Local Plan (Part Two) Land Allocations and Details Policies (2019)Policy SOC 5 of the Cheshire West & Chester Council Local Plan (Part One) Strategic Policies (2015)Policy DM 2 of Cheshire West & Chester Council Local Plan (Part Two) Land Allocations and Details Policies (2019)Policy TH3 of the Tarporley Neighbourhood Development Plan 2010 – 2030 (2016)
National Planning Policy Framework
Paragraph 225Paragraph 66Paragraph 84Paragraph 91Paragraph 110Paragraph 115Paragraph 129Paragraph 135Paragraph 139Paragraph 73
Judgments
Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2025

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.