®Planning appeal decision
19 Oakdene Way, TARPORLEY, CW6 0BU
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
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.
Framework references: 225, 66, 84, 91, 110, 115, 129, 135, 139, 73
Plan policies cited: 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)
Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)
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.