# 1/3 Park Lane, Macclesfield

- **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
- **Tags:** tier-2, no-framework-reference, living-conditions, retrospective, psed

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6007315
- https://appeal-planning-decision.service.gov.uk/published-document/fda30c22-3c00-40dc-9293-1deb39fd79ba

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6007315.html

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