®Planning appeal decision
Land At Hillberry,, Dalefords Lane,, Marton, CW8 2BW
Planning appeal 6012304 at Land At Hillberry,, Dalefords Lane,, Marton, CW8 2BW (Cheshire West and Chester Council) was dismissed on 28 September 2026, by written representations. The main issue, as the Inspector framed it: whether the site is in a suitable location for the proposed development having regard to the spatial strategy of the development plan and accessibility to local facilities and sustainable modes of transport.
- Authority
- Cheshire West and Chester Council
- Appeal type
- minor · Planning
- Procedure
- Written
- Development
- residential
- Postcode
- CW8 2BW
Main issues, as the Inspector framed them
- whether the site is in a suitable location for the proposed development having regard to the spatial strategy of the development plan and accessibility to local facilities and sustainable modes of transport
- the impact of the proposal on three existing trees in relation to their future preservation
- whether the housing mix meets local housing needs
- the impact of the proposal on the character and appearance of the surrounding area
What decided it
The site is not physically well-related to an existing settlement as required by Policy S5(j)(i) of the Framework, and the benefits of the proposal do not substantially outweigh the adverse effects of unsustainable location, inadequate housing mix, and unresolved tree impact.
The presumption in favour of sustainable development under Policy S3 of the Framework was engaged due to the Council's shortfall in five-year housing land supply (1.6 years), but the proposal does not meet the criteria in Policy S5 for development outside settlements. The limited benefits of housing delivery and economic benefits were substantially outweighed by significant conflicts with the Framework's policies on sustainable movement patterns and conservation of natural features, and by conflicts with the development plan.
What the Inspector cited
- Development plan policies
- Policy STRAT 1Policy STRAT 2Policy STRAT 9Policy DM 19Policy DM 45Policy DM 3Policy 1 of the Whitegate and Marton Neighbourhood PlanPolicy 4 of the Whitegate and Marton Neighbourhood Plan
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.