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Dismissed30 June 20266007108

Land at Marsh Lane, Lower Whitley, WA4 4EX

Planning appeal 6007108 at Land at Marsh Lane, Lower Whitley, WA4 4EX (Cheshire West and Chester Council) was dismissed on 30 June 2026 by Inspector R Major, by written representations. The main issue, as the Inspector framed it: The effect of the proposed variation of the condition on the living conditions of nearby residents, with particular regard to noise and disturbance.

change of use of an agricultural field to a dog exercise area without complying with a condition attached to planning permission Ref 22/04104/FUL (Appeal: APP/A0665/W/23/3319849), dated 8 January 2024

Authority
Cheshire West and Chester Council
Appeal type
Planning
Procedure
Written
Development
leisure-sport
Inspector
R Major
Postcode
WA4 4EX

Main issues, as the Inspector framed them

  • The effect of the proposed variation of the condition on the living conditions of nearby residents, with particular regard to noise and disturbance

What decided it

The proposed extension of operating hours would result in significant adverse harm to the living conditions of nearby residents through additional noise and disturbance in evenings and weekends, which outweighs the economic and demand benefits of the proposal.

What the Inspector cited

Development plan policies
Policy SOC 5Policy DM 2Policy DM 30
National Planning Policy Framework
Paragraph 135

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.

See how each was applied

The decision letter

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More decisions in Cheshire West and Chester

The authority’s record since 2016 · every decision in 2026

  1. Dismissed27 October 20266008480
    Moorsbarrow Hall Farm, Brereton Lane, Sproston, CW10 0JX
  2. Allowed22 October 20266009366
    Land Adjacent Mangoletsi Ltd, London Road, Allostock, Northwich, WA16 9NS
  3. Dismissed7 August 20266008811
    46 Ermine Road, Chester, CH2 3PL
  4. Notice varied and upheld9 February 20263368737
    Dairy House Farm Holmes Chapel Road, Sproston, Crewe, Cheshire, CW4 7LP
  5. Dismissed20 January 20263372703
    201-203 Middlewich Road, Northwich, Cheshire West and Chester, CW9 7DN

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.