Secretary of State dismisses gypsy site appeal

moorlane

An appeal against Cheshire East Council's refusal to grant planning permission for the development of a gypsy site off Moor Lane has been dismissed by the Secretary of State.

The Planning Inspector recommended that the appeal should be allowed and planning permission granted, however, the Secretary of State disagreed with the Inspector's conclusions and refused the appeal.

The controversial plans (reference 12/4247M) to change the use of the open land, which lies within the Green Belt, for the stationing of caravans for residential purposes, a utility/day room and additional hard standing were refused for the second time in January 2013. The Northern Planning Committee refused the application on the grounds that very special circumstances do not exist to justify inappropriate development in the green belt.

Green Planning Solutions, acting on behalf of the applicant Mr John Allen, submitted an appeal to the Secretary of State, on the grounds that a single pitch will create limited actual harm to the openness of the green belt which is outweighed by the lack of suitable and affordable sites in the area.

A document submitted with the planning application, which the Council received over 550 letters of objection to, said that Mr Allen's eldest son suffers from glaucoma. Therefore it was necessary to move closer to Manchester Eye Hospital as they need to attend regular appointments and sometimes require emergency specialist treatment.

The Secretary of State refused the appeal on the grounds that the proposal represents inappropriate development in the Green Belt and attributed substantial weight to this harm.

He considered that the harm arising from the development would not be clearly outweighed by other considerations, and he considered that the very special circumstances necessary for the granting of either a permanent or a temporary planning permission do not exist.

Cllr Gary Barton said "I am very pleased that the Secretary of State has listened to the concern of Cheshire East, Wilmslow Town Council, and, most importantly, local residents and refused this appeal. The applicant's claim for 'special circumstances' was weak at best and certainly did not provide a strong enough case to override the firmly established guidance that gypsy traveller sites constitute inappropriate development in the Green Belt.

"The initial recommendation from the planning inspector that the appeal be allowed was rightly rejected by the Secretary of State. I think this provides further evidence that the Planning Inspectorate are detached from the genuine concerns of communities across the country and, more importantly, that the planning inspectors are not doing enough to protect valued and important Green Belt land.

"I am very grateful for hundreds of letters, emails and phone calls I received during this process. The response from local residents has been an important part of achieving the right result."

Cllr Barton added "This decision can now only be challenged in the courts, and even then a successful challenge does not guarantee a reversal of the decision."

Click here to read the report on behalf of the Secretary of State.

Tags:
Appeals, Moor Lane, Planning Applications
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Comments

Here's what readers have had to say so far. Why not add your thoughts below.

Vince Chadwick
Tuesday 11th November 2014 at 8:48 pm
How on earth did the Planning Inspector recommend this for approval? What planet are they on? Thank heavens the Secretary of State threw it into the bin where it belongs!
Jon Williams
Tuesday 11th November 2014 at 9:07 pm
Never mind we will soon have one built on the Cheshire/Stockport, plans are done.
Dave Cash
Wednesday 12th November 2014 at 12:43 am
A collective sigh of relief from all residents!
Graham Jackson
Wednesday 12th November 2014 at 6:59 am
Credit where credit is due. Well done to all the local Councillers etc. for fighting to get this binned. It was an ill conceived application in the first place.
Frank Maltby
Wednesday 12th November 2014 at 11:42 am
The correct decision has been made Amen.
Marilyn and Brian Connolly
Wednesday 12th November 2014 at 12:19 pm
Hallelujah! Common sense prevails at Government level for once. Well done to everyone
concerned.
Michelle Gray
Wednesday 12th November 2014 at 3:35 pm
What on earth has a boy's eye condition got to do with living in Wilmslow?

Do they not realise that the Eye Hospital is in Central Manchester and that there is official accommodation for Travellers in Manchester?

Can't imagine how much money this has cost the local tax payer to quash something that should never have been deemed a worthwhile cause in the first place
Simon Worthington
Wednesday 12th November 2014 at 3:51 pm
Can we have more information about "the planning inspector". Surely he has a boss who should have directed him accordingly. He is not a "fit and proper person" for a job with such responsibility. Perhaps he should be reminded who pays his wages - certainly not travellers!!
The devil is in the detail. The article above states the application was for "the stationing of caravans" not singular. Be vigilent people this or similar will come again.
Gary Barton
Wednesday 12th November 2014 at 4:04 pm
@Simon Worthington: You are very right about the devil being in the detail with this and many other applications and vigilance is needed. The fact that Wilmslow is a very nice place to live in makes our town a prime target. As a resident of over 30 years, as well as a local Councillor, protecting Wilmslow is something I take very seriously.

Full details of the decision can be found at: http://bit.ly/1xt4kIb
Audrey Harland
Wednesday 12th November 2014 at 4:22 pm
Very happy with this news, a lot of us will sleep more soundly because of it
Jon Williams
Wednesday 12th November 2014 at 7:27 pm
Well. after reading the decision I can't see why it was not given the all clear !
Craig Wilkinson
Thursday 13th November 2014 at 7:35 am
I am in complete agreement with Simon Worthington on this matter, we could have ended up with a Dale Farm scenario! Who is this "Planning Officer"?
Julia Prestbury
Thursday 13th November 2014 at 2:05 pm
Don't gypsies set up camp wherever they want anyway?
Howard Piltz
Friday 14th November 2014 at 5:10 pm
I hope the 'Planning Inspector' is taken to task. I doubt we'll ever know his name - which is probably as well.
Pete Taylor
Friday 14th November 2014 at 7:10 pm
If you follow the link provided by Cllr Barton above, you will see that the Inspector was Frances Mahoney, BSc(Econ), DipTP, MRTPI, IHBC.

The report makes very interesting reading and, in theory, it's not quite over yet. The failure of the CEC Local Plan might not do finalising this issue any favours.