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Planning appeal decision

Dismissed7 September 20266009068

ROSE COTTAGE, 38 Higher Lane, Kerridge, SK10 5AR

Authority
Cheshire East Council
Appeal type
Planning
Procedure
Written
Development
residential
Postcode
SK10 5AR

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt, having regard to the Framework and any relevant development plan policies
  • the effect of the proposal on the openness and purposes of the Green Belt
  • whether the proposal would preserve or enhance the character or appearance of the Kerridge Conservation Area
  • 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 harm to the Green Belt by reason of inappropriateness and the harm to the character and appearance of the conservation area were not clearly outweighed by other considerations, and very special circumstances did not exist to justify the development.

The harm to the Green Belt (by reason of inappropriateness and limited harm to openness) and the harm to the character and appearance of the conservation area were not outweighed by the limited public benefits (economic and social benefits and improved housing stock), and very special circumstances did not exist.

Framework references: GB7, GB2, GB6.2, HE4.2, HE6.1, HE6.3, HE6.4

Plan policies cited: Policy RUR 11, Policy PG3, Policy SE1, Policy SE7, Policy GEN 1, Policy HOU 11, Policy HER 3

Judgments cited: R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3

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.