Land at Hillberry, Dalefords Lane, Marton, Winsford

appeal 6012304·Cheshire West and Chester·28 September 2026dismissed
Decision
dismissed, 28 September 2026
Decided by
Planning Inspector: Andrew Fulford
Authority
Cheshire West and Chester (North West)
Appeal reference
6012304
Application reference
25/01259/FUL
Procedure
written representations
Development
Two four-bedroom detached dwellings on a field at the end of ribbon development
Homes
2
Site context
open countryside, rural lane
Green Belt
No
Housing land supply
1.6 years
Framework applied
August 2026 NPPF
Determinative policies
S5(1)(j)(i), S5(4), TR3, N2
Development plan policies
Cheshire West and Chester Local Plan Part 1 2015 STRAT 1, STRAT 2, STRAT 9, Local Plan Part 2 2019 DM 3, DM 19, DM 45, Whitegate and Marton Neighbourhood Plan Policies 1, 4
Main issues
suitable location and accessibility; trees; housing mix; character and appearance

Summary

Two large houses on a field at the end of ribbon development on a rural lane about 1 km from Cuddington and Sandiway, with 1.6 years' supply. Dismissed: the ribbon is not a settlement, so S5(1)(j)(i) failed and S5(4) applied. The walking routes (a 40 mph lane with no footway and unlit sections, or secluded unlit footpaths) were not realistic. Unassessed harm to three mature trees and a mix of 4-bed homes against neighbourhood plan need added to the harm.

Issues and findings

Planning balance

S5(4): limited housing and economic benefits, very limited BNG, against TR3 and N2 conflicts given significant weight. "The benefits would therefore not substantially outweigh the identified adverse effects and there are therefore no exceptional circumstances in this case" (DL ¶33).

What made the difference

The route to the village: 1 km of fast, unlit lane with no footway, and footpath alternatives that are dark and secluded. The site being next to houses did not make it a settlement or a sustainable location.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
AnnexB:settlementfailadjacent ribbon development is "no more than a scattered group of houses outside a predominantly built-up area", not a settlement (DL 29)
S5(1)(j)(i)failsupply 1.6 years engages (j), but nearest settlement Cuddington and Sandiway about 1 km away, so not physically well related (DL 29)
S5(4)failno exceptional circumstances; benefits do not substantially outweigh (DL 30, 33)
TR3failsignificant1 km along 40 mph lane with no footway and long unlit sections; alternative public footpaths unlit, undulating and secluded; station 3.5 km; not realistic for parents with young children or those with mobility issues (DL 9-12, 33)
N2failsignificantno arboricultural assessment; new accesses and hardstanding in RPAs of three mature frontage trees; cannot be left to condition (DL 15-18, 33)
HO7benefitlimitedtempered because no evidenced need for 4-bed homes (NP Policy 1 seeks 1-3 beds) (DL 19-22, 31)
DP3passrounds off ribbon, fits street scene; limited localised openness harm (DL 24-26)
Transitional(2)neutralSTRAT 1 accessibility policy "broadly aligns" with the Framework (DL 8)

Key facts

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.