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Planning appeal decision

Dismissed2 February 20263372777

Plot 3, Green Tree Farm, 2 Chelford Road, Somerford, Congleton, Cheshire, CW12 4QD

erection of a single, two-storey residential house with a detached garage

Authority
Cheshire East
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Harding C

Main issues, as the Inspector framed them

  • whether the proposal would include suitable arrangements for surface water drainage
  • the effect of the proposal upon the character and appearance of the area
  • the effect of the proposal upon the living conditions of occupiers of existing properties with particular reference to loss of light

What decided it

The failure to demonstrate suitable arrangements for surface water drainage, which would conflict with development plan policies and could not be appropriately secured by condition, outweighed the modest benefits of housing delivery and economic contribution in the planning balance.

The adverse impacts of granting permission, principally the unresolved surface water drainage conflict with the development plan, significantly and demonstrably outweighed the modest benefits of housing supply, economic benefits, and renewable energy measures, such that the proposal did not represent sustainable development.

Framework references: 11, 135

Plan policies cited: CELP Policy SE13, SADPD Policy ENV16, CELP Policies SE1, CELP Policy SD2, SADPD Policy GEN1, Somerford Neighbourhood Plan Policy D1, CELP Policy SE1, SADPD Policy HOU12

Judgments cited: Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314; North Wiltshire District Council v Secretary of State for the Environment [1993] 1 PLR 54; Sevenoaks DC v Secretary of State for the Environment [1997] EWHC Admin 1012

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.