- Decision
- dismissed, 25 August 2026
- Decided by
- Planning Inspector: K Craddock
- Authority
- Cheshire East (North West)
- Appeal reference
- 6007315
- Application reference
- 25/4211/FUL
- Procedure
- written representations
- Development
- Part-retrospective conversion and extension of outbuildings behind a restaurant into living accommodation for the proprietors
- Homes
- 1
- Site context
- inside settlement, listed building setting
- Green Belt
- No
- Framework applied
- No Framework version cited
- Determinative policies
- s38(6)
- Development plan policies
- Cheshire East LPS 2017 SD1, SD2, SE1, SADPD 2022 SE12, GEN1, HOU10, HOU12, HOU13, ENV15
- Main issues
- contaminated land; living conditions of future occupiers; privacy
Summary
Living accommodation for restaurant proprietors in converted outbuildings facing a commercial service yard in Macclesfield. Dismissed on three grounds: no contaminated land evidence, odour and noise from the yard and neighbouring restaurants, and poor privacy. The letter is plan-led and cites no Framework policy (P3 would have been the natural fit).
What made the difference
The service-yard setting. Proprietor-occupation might justify "a more flexible approach", but not where the operating hours of neighbouring businesses are outside the appellant's control (DL ¶19-20).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| SE12 (Cheshire East SADPD) | conflict | no contaminated land report in an area prioritised for Part 2A inspection (DL 5-6) | |
| HOU12 / ENV15 (Cheshire East SADPD) | conflict | odour, noise, dust and night-time disturbance from the service yard and neighbouring restaurants; no mitigation (DL 7-12); P3 equivalent, not cited | |
| HOU13 (Cheshire East SADPD) | conflict | habitable windows face the rear of a restaurant well below separation standards (DL 13-17) |
Key facts
- All habitable windows face a cluttered commercial service yard
- PSED considered for an elderly relative; dismissal proportionate (DL 21)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.