LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Hearing held on 3 May 2022 and 4 October 2022 Site visit made on 3 May 2022 by K A Taylor MSC URP MRTPI an Inspector appointed by the Secretary of State Decision date: 29 November 2022 Appeal Ref: APP/A0665/W/21/3286310 Little Vera’s Paddock, off Coal Pit Lane, Stanthorne, Winsford CW10 0NB • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Clonus Boswell, Ms V Boswell and Ms C Smith against the decision of Cheshire West and Chester Council. • The application Ref 20/04428/FUL, dated 25 November 2020, was refused by notice dated 21 October 2021. • The development proposed is the material change of use of land for gypsy traveller caravan site with facilitating development (utility blocks, hard standing, package treatment plant). Decision 1. The appeal is dismissed. Preliminary Matters 2. In the lead up to the Hearing, a revised Statement of Common Ground (SOCG), was received by the Council on 28 April 2022. However, at the Hearing the appellant advised that they had not agreed to this.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Therefore, a revised SOCG was provided, and the appellant was given the opportunity to make representation, and agree which matters were in dispute with the Council. I have accepted it as part of the evidence base for the appeal. 3. At the Hearing the appellant clarified the description of the proposed development, and that it would be misleading to base the proposal on the number of pitches and not caravans. This was due to the personal circumstances of the appellant and the intention that the intended occupiers would be extended family members, with no demarcated pitches. Therefore, the proposal would serve 7/8 households with a total of 10 caravans, (5 single & 1 double static caravan plots), 4 touring caravans, 2 utility blocks, and a package treatment plant. I have dealt with the appeal on this basis. 4. I was supplied with an up-to-date family tree, and written personal circumstances from the appellant. The Council provided the latest caravan count data. As copies were also made available for other parties, and the contents were discussed at the Hearing, I consider that no prejudice would occur as a result of me taking these into account. https://www.gov.uk/planning-inspectorate

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 5. The Planning Practice Guidance1 (PPG) sets out what information as a minimum should be included with a planning application. This includes a location plan and its detail. This should identify sufficient roads/or buildings on land adjoining the application site to ensure that the exact location of the application site is clear. The site should be edged clearly with a red line on the location plan. It should include all land necessary to carry out the proposed development, such as land required for access to the site from public highways, visibility splays and landscaping. In this case, the location plan is set at a scale of 1:2500 and the red line has been drawn onto the plan. 6. At the Hearing, the matter of the accuracy and validity of the location plan and red line was raised, particularly with regard to site ownership, site access, visibility splays and passing places along the access track. It also transpired during the Hearing discussions that there was an additional highways consultation which the Council considered to be relevant to the development which neither I nor the appellant had been provided with. The Council provided a copy of this. 7.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Consequently, the main parties were invited to make written representation, and provide additional evidence relating to highway safety. In light of these written comments from the main parties, additional evidence from the appellant was received including a Highways Statement2 (HS), appendices and 3 topographical survey plans3. It is necessary in the interests of public safety for me to consider highway safety as a main issue, and this was discussed at the Hearing. All parties have seen this new evidence, and it formed discussions at the Hearing. I consider that no party would be prejudiced if I were to take this additional evidence into account in the decision. 8. However, I have not been provided with a revised location plan, or amendment to the red line of the appeal site. Therefore, I have dealt with the appeal on the basis of the evidence before me, and the plans submitted with the planning application. For clarity, this includes the original location plan showing the red line of the appeal site, and an OS visibility splay plan. Main Issues 9.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision The main issues are: • Whether the appeal site is a suitable location for the proposed development, with particular regard to accessibility to local services and facilities and safe pedestrian access; • The effect of the proposal on the character and appearance of the area; • The effect on highway safety; and • Whether any harm arising from the proposal would be outweighed by other considerations. 1 Paragraph: 024 Reference ID: 14-024-20140306 Revision Date: 06 03 2014 2 JPH Highway Statement, JPH Highways Statement Appendices, Dated August 22 3 P0548_4272_1 Coal Pit Lane Topographical Survey; P0548_4272_2 Coal Pit Lane Topographical Survey; P0548_4272_3 Coal Pit Lane Topographical Survey https://www.gov.uk/planning-inspectorate 2

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision The main issues are: • Whether the appeal site is a suitable location for the proposed development, with particular regard to accessibility to local services and facilities and safe pedestrian access; • The effect of the proposal on the character and appearance of the area; • The effect on highway safety; and • Whether any harm arising from the proposal would be outweighed by other considerations. 1 Paragraph: 024 Reference ID: 14-024-20140306 Revision Date: 06 03 2014 2 JPH Highway Statement, JPH Highways Statement Appendices, Dated August 22 3 P0548_4272_1 Coal Pit Lane Topographical Survey; P0548_4272_2 Coal Pit Lane Topographical Survey; P0548_4272_3 Coal Pit Lane Topographical Survey https://www.gov.uk/planning-inspectorate 2

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 Reasons Suitability of Location 10. Policy SOC 4 of the Cheshire West and Chester Council Local Plan (Part One) Strategic Policies (adopted January 2015), (LP1) permits proposals for private and public gypsy and traveller sites where they meet certain criteria. Amongst other matters, proposals should be well located in relation to the highway network with adequate vehicular and pedestrian access, and be accessible to local services and facilities by walking and/or public transport. 11. Policy T 5 of the Cheshire West and Chester Council Local Plan (Part Two) Land Allocations and Detailed Policies (adopted July 2019), (LP2), ensures that appropriate provision is made for access and parking and supports proposals that meet the requirements of LP1 Policy STRAT 10. Policy STRAT 10 sets out that in order to minimise the need for travel, proposals for new development should be located so as they are accessible to local services and facilities by a range of transport modes, including that appropriate provision is made for access to public transport and other alternative means of transport to the car. 12.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision The appeal site lies outside of any defined settlement boundary, within the open countryside. The appeal site is located to the south side of the Shropshire Union Canal with a canal towpath and accessed from along Coal Pit Lane which connects the A54 Winsford to Middlewich Road with the A530 Middlewich to Crewe/Nantwich Road at the point of Clive Green Lane. 13. It is some 1km to the town of Middlewich, which can also be accessed by foot or cycle from the canal towpath, this is some 70m from the appeal site. The towpath runs to the northern side of the canal opposite a single carriageway humpbacked bridge. Middlewich has main services, facilities and schools. Winsford is a main urban town centre, and is some 3km away which serves the nearest railway station. There are no nearby bus stops within the vicinity of the appeal site, but Coal Pit Lane appears to be part of a national cycle route. 14. At the Hearing, the issues seem to centre on whether these services and facilities can be accessed without reliance on the private motor vehicle, and that future occupants of the site can safely access these by foot, using the highway bridge to gain access to the canal towpath. 15.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision There is an absence of formal footways linking the appeal site with the wider area along Coal Pit Lane, and the highways are devoid of any street lighting. The humpback bridge has a relatively small width of concrete plinth on each side. However, as I saw this plinth is narrow and difficult to stand upon when cars are passing over the bridge due to being uneven, unmaintained, and that vegetation has grown up through the cracked concrete. This would likely lead to instances where pedestrians would avoid standing on the plinth and having to walk in the carriageway over the bridge, in either direction. 16. The canal towpath is only accessible by utilising steep concrete steps and would be difficult to navigate for any person with mobility issues, young children and for the use of push chairs/buggies. Although, cycling is an option on the towpath it is relatively narrow in parts and access from the appeal site to the wider cycling network in reaching Clive Green Lane, would still need to be achieved by using the steps either down or upwards when entering or exiting the towpath. https://www.gov.uk/planning-inspectorate 3

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 17. On this basis, I consider that the access and navigation to Middlewich or Winsford would be difficult by walking or cycling, given the road conditions along Coal Pit Lane and that the towpath is restricted by its poor accessibility. Furthermore, these options would be unrealistic throughout the year, particularly in winter months, when light is poor in the early evenings compared to the summer months. 18. As such, the opportunities to use sustainable modes of transport are restricted, and I consider that most journeys to and from the appeal site would be made by private motor vehicles, whether to Middlewich, or to the town of Winsford. However, these journeys to reach facilities and services within the nearby towns would not be unduly long and Middlewich offers a range of facilities including shops, and schools. 19.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Moreover, even though it is a genuine option, I consider that it would be unlikely that future occupants of the appeal site including families with young children using pushchairs/buggies would primarily or realistically choose the option of walking over the bridge, navigating the steps and using the towpath to reach Middlewich, or continuing along Coal Pit Lane to reach key services and facilities in the nearby towns. 20. I have not been provided with substantiated evidence that pedestrians would be endangered by using the bridge to access the towpath, and the wider Coal Pit Lane. I am not aware of incidents that have occurred along the lane by pedestrians using the bridge, that would mean it was unsafe. As I observed at the site visit, the bridge was already used by a considerable number of walkers, mooring owners and cyclists. I also acknowledge it is a relatively short distance to access the towpath from the appeal site, and that there is no specific policy requirement to either SOC 4, T 5 or STRAT 10 relating to distance for access to services and amenities, or distances for new gypsy and traveller sites. 21.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Moreover, paragraph 105 of the National Planning Policy Framework (the Framework) explains that opportunities to maximise sustainable transport solutions will vary between urban and rural areas. In any event, the provision of a settled base for 7/8 gypsy households would facilitate access to local facilities, services and schooling, and reduce the likely extent of long-distance travelling, in line with paragraph 13 of ‘The Government’s Planning Policy for Traveller Sites’ (PPTS). 22. In consideration of the location, I have had regard to other residential developments the appellant has drawn my attention too, at the Hearing and in their statement of case. These include a housing estate in the Borough, new sites in the village of Elworth, and appeal decisions4 for gypsy and traveller sites in Wiltshire, Cheshire East and South Gloucestershire in respect of locational accessibility. I do not have the precise circumstances that led to those appeal sites being acceptable or why permission was granted before me. Therefore, I cannot be certain they are directly comparable with the appeal proposal in terms of location, scale or planning policy.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision In any case, I have reached my own conclusions on the proposal, based on the evidence before me. 4 APP/P0119/C/20/3263107; APP/Y3940/C/18/3218851; APP/R0660/W/19/3229076 https://www.gov.uk/planning-inspectorate 4

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision In any case, I have reached my own conclusions on the proposal, based on the evidence before me. 4 APP/P0119/C/20/3263107; APP/Y3940/C/18/3218851; APP/R0660/W/19/3229076 https://www.gov.uk/planning-inspectorate 4

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 23. The appeal site is not in a location away from settlements where traveller sites should be very strictly limited in accordance with PPTS, and it would enable reasonable and satisfactory access to local schools and other amenities. Necessary utilities are capable of provision within the appeal site. 24. For the reasons given above, I conclude that the appeal site is a suitable location for gypsy and traveller accommodation, with particular regard to accessibility to local services and facilities and safe pedestrian access. The proposal would therefore on balance, not be in conflict with policies SOC 4 and STRAT 10 of LP1 and T 5 of the LP2, in locational terms as I have set out. 25. The Council in their second reason for refusal have referred to Policy STRAT 9 of the LP1, however I do not consider this policy relates to accessibility to local services and facilities for new development or safe pedestrian access. Character and Appearance 26. The appeal site is outside of any settlement boundary and is wholly within the open countryside for planning policy purposes.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision In this regard, Policy SOC 4 of the LP1 requires gypsy and traveller accommodation to be well related to existing settlements, and Policy STRAT 9 covers both the Green Belt and countryside. Policy STRAT 9 seeks to protect the intrinsic character and beauty of the countryside by restricting development in the open countryside, and only permits certain types of development that does not include gypsy and traveller sites. It requires that development must be of an appropriate scale and design to not harm the character of the countryside. 27. Policy ENV 2 of the LP1, sets out that the Local Plan will protect and, wherever possible, enhance landscape character and local distinctiveness. Development should, take account of the characteristics of the development site, its relationship with its surroundings and where appropriate views into, over and out of the site. LP1 Policy ENV 6, promotes sustainable, high-quality design and construction to development, amongst other criteria it includes respecting local character. 28. Policy DM 3 of the LP2 expects development to achieve a high standard of design that respects the character and protects the visual amenity of the local area, and in line with LP1 Policy ENV 6.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Policy GBC 2 of the LP2, protection of landscape sets out how the Borough’s countryside will be protected in line with LP1 Policies STRAT 9, and where development requires a countryside location, it must satisfy LP1 Policy ENV2, and this will be achieved through appropriate siting, scale, layout, density, design and landscape treatment. 29. The Framework, and PPTS are material considerations, due weight should be given to existing policies accordingly to the degree of consistency in the Framework. Albeit, slightly different wording, I consider these policies are broadly consistent with the approach the Framework seeks, in regard to high quality design, conserving and enhancing the natural environment, protecting and enhancing valued landscapes, and in recognising the countryside. Policy SOC 4 is also consistent in regard to the PPTS. The appellants drew my attention to Policies DM 19, DM 20 and R 1, relating to settlements, and the mix and types of new housing developments, but these are not the most important policies for determination. The appeal site is not within the Green Belt, so this is not a policy matter I need to consider. https://www.gov.uk/planning-inspectorate 5

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 30. The appeal site is set back from Coal Pit Lane by a long access track which runs through woodland. The site is generally flat and identified as an agricultural field, with the Shropshire Union Canal sitting almost directly adjacent to the northern boundary of the appeal site at a higher level, a line of trees run along either side of the access track with ditches and a culvert. There is tree, vegetation, and hedge coverage along the boundaries of the field. 31. The immediate area is characterised by vast undeveloped low lying agricultural fields, of open nature, and mainly with varieties of low hedgerows that run alongside the highway boundary mixed with woodland in parts along Coal Pit Lane. There is very little built development in close proximity to the appeal site, and sporadic development mainly consisting of farm buildings seen at a distance and set back away from the highway of Coal Pit Lane. The canal ranges in width, with the towpath constructed of mainly a natural hardstanding, and tree coverage falls away along the towpath which enables extensive views of the wider area. These views positively contribute to the verdant landscape character of the area. 32.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision I acknowledge that Middlewich is a relatively short distance away for the purposes of accessibility. However, given the vast amount of open countryside, intervening fields, and the lack of the immediate and wider built form the development would not be well related to any dispersed settlement pattern or its surroundings, which would not be in line with Policy SOC 4. 33. The proposal would be for a total of 10 caravans, of which 6 would be static, including a double. There would be associated parking, hardstanding, buildings erected, and domestic paraphernalia associated with 7/8 residential households. In contrast to the existing situation, the proposal would introduce residential use with a new private access road surfaced to a degree, further hardstanding and provision of 6 static plots, additional touring caravans on land currently open and free from any built form. 34. The proposed caravans would not be screened well, as the northern boundary of the field sits at lower levels than the canal and towpath, with the intervening overflow area mainly devoid of tree coverage. Whilst there are trees within the boundaries of the field, the northern boundary is intermittent with higher crowns.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Resulting in the appeal site being highly visible when stood and viewed from upon the public towpath looking towards, and directly at the site. The existing landscaping does little to prevent these views. Furthermore, I saw, that at the point of the overflow, the site would be completely visible from any occupiers/users of passing mooring boats along the canal due to the change in levels. I accept that there are likely to be permanent moorings along parts of the canal, however, there presence does not change the site’s rural character and appearance. 35. Therefore, given the flat nature of the land, the structures, vehicles, and associated domestic paraphernalia would lead to a notable intrusion, and the proposal would appear as an alien feature within the landscape setting. It would be at odds with the open, verdant character of the immediate countryside the site falls within, and would fail to integrate into the landscape character of the area, which includes the canal and towpath. Although, landscaping and a mound is proposed, based on what is before me I am not satisfied it would adequately mitigate the development in this regard. https://www.gov.uk/planning-inspectorate 6

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 36. In addition, the entrance to the access track consists of a considerable amount of tree and vegetation coverage, with canopy spread over the track itself. The proposal would no doubt result in opening up this area to provide safe passage to the site. At the Hearing, the appellant stated that the use and maintenance of the access track would not require the loss of trees. However, I am not satisfied from the evidence before me that the maintenance and passage of frequent vehicles, including larger ones, farm vehicles and caravans using this track, would not lead to some requirement of future works to these trees. This in turn has the potential to affect not only the longevity of trees, but result in an unacceptable visual change to the rural character and appearance of the wooded area, and this part of Coal Pit Lane. 37. The appellant made reference to the greater impact of many new houses the Council has located across the Borough. However, it is unclear where these are or will be sited, but it does not justify a visually harmful development such as this, whether for use by gypsy and travellers or otherwise. 38.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision I was referred to the development of HS2, and that this would already cause localised harm, particularly with any cumulative negative visual impact of the proposal. However, the appeal site is located outside of the HS2 safeguarding zone, and although there may be anticipated localised disturbance, including visual aspects at the construction and implementation stage, the siting and the development of HS2 is not for me to consider in this appeal. 39. Accordingly, I conclude that the proposal would cause adverse harm to the character and appearance of the area. This would be in conflict with Policies STRAT 9, SOC 4, ENV 6, of the LP1 and Policies GBC 2 and DM 3 of the LP2, as I have already set out. It would also be at odds with the principles of the Framework to recognise the intrinsic character and beauty of the countryside, and valued landscapes. The effect on highway safety 40.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision LP1 Policy STRAT 10 requires new development to demonstrate that additional traffic can be accommodated safely and satisfactorily within the existing, or proposed highway network; satisfactory arrangements can be made to accommodate the additional traffic before the development is brought into use; and the safety of all road users should be taken account in the design and layout of new developments. LP2 Policy T 5, amongst other matters, supports proposals meeting Policy STRAT 10, and makes safe provision for access to and from the site; and which will not create any unacceptable impacts on amenity or road safety that cannot be satisfactorily mitigated by routeing controls or other highway improvements. 41.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision LP1 Policy STRAT 10 requires new development to demonstrate that additional traffic can be accommodated safely and satisfactorily within the existing, or proposed highway network; satisfactory arrangements can be made to accommodate the additional traffic before the development is brought into use; and the safety of all road users should be taken account in the design and layout of new developments. LP2 Policy T 5, amongst other matters, supports proposals meeting Policy STRAT 10, and makes safe provision for access to and from the site; and which will not create any unacceptable impacts on amenity or road safety that cannot be satisfactorily mitigated by routeing controls or other highway improvements. 41.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision The Framework at paragraph 110, requires that in assessing sites for specific applications for development, it should be ensured that b) safe and suitable access to the site can be achieved for all users; c) the design of streets, parking areas, other transport elements and the content of associated standards reflects current national guidance, including the National Design Guide and the National Model Design Code; and d) any significant impacts from development on the transport network (in terms of capacity and congestion), or on highway safety, can be cost effectively mitigated to an acceptable degree. https://www.gov.uk/planning-inspectorate 7

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision The Framework at paragraph 110, requires that in assessing sites for specific applications for development, it should be ensured that b) safe and suitable access to the site can be achieved for all users; c) the design of streets, parking areas, other transport elements and the content of associated standards reflects current national guidance, including the National Design Guide and the National Model Design Code; and d) any significant impacts from development on the transport network (in terms of capacity and congestion), or on highway safety, can be cost effectively mitigated to an acceptable degree. https://www.gov.uk/planning-inspectorate 7

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 42. Access to the appeal site would be served by the existing track from Coal Pit Lane. Coal Pit Lane has a 40mph speed limit, is a narrow country lane, and to the south the road alignment results in a bend. Despite, the narrow width of the canal bridge, which only allows one vehicle to pass over at a time, there are no vehicle highway restrictions at the point of the canal bridge along the road. As I saw, the site access is a narrow track in part with a significant amount of tree and vegetation coverage, ditches to either side with a culvert, and a highway barrier to the north. There is a gateway along the track which serves an adjoining field. Most notably, to the south of the access is a mature Oak tree with Ivy growing around it. Further vegetation and a hedgerow which serves the field to the south and adjoins the roadside boundary to Coal Pit Lane. 43. The appellant’s have submitted a speed survey in support of the proposal. There is no dispute between the main parties regarding the speed survey methodology undertaken or that speeds would be potentially lower at times. I also acknowledge the appellant’s HS, appendices and references to the manual for streets (MfS/MfS2). 44.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision At the Hearing, it was clarified that the appellant’s do not own the access track, but as owners of the field, they would have a right of access along the track. This would remain as a shared access to enable the farmer access to adjacent fields. 45. A letter from the owner of the track has been submitted as evidence in the HS appendices. It refers to land title maps, and an attached map which has not been included. This sets out that permission has been granted to the owners of Little Vera’s Paddock to have unhindered access to pass and repass. It states that it gives permission to the appellant and his family, rights to remove vegetation along the roadside within the visibility splay of the track access that exceeds 1 metre (m) in height, maintain, improve and keep in good repair the track for use by vehicles, caravans, tractors and farm machinery. It confirms, and it was agreed by the main parties that the owner has widened the track and already provided passing places. 46. Nonetheless, this statement, is not signed by the appellants, and it is not a legal document, or binding agreement.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Moreover, whether the appellant’s have a private legal right to pass over the land, as part of the land purchase or within deeds is outside of my jurisdiction. 47. At the Hearing, conditions relating to highway safety were put forward. This included that the occupation of the site shall not begin until the highway access track improvement works, passing places and visibility splays have been completed in accordance with the HS drawing figures. The condition requires for retention of passing places, and the visibility splays retained free from any object/obstruction which exceeds 1m in height above the level of the adjacent carriageway/road, and that the first 5m of the access track is finished in a hard surface. 48. However, from the evidence, provided both written and orally there is significant dispute between the main parties that the red line of the site is a true representation. This relates to the access not being within the appellant’s ownership, or control, and that it is not clear where access ownership, including the embankment and barrier to the north, starts and finishes on the carriageway on either side of the track. Furthermore, the main parties https://www.gov.uk/planning-inspectorate 8

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 acknowledged that there is some ambiguity with the site edge red on the original location plan, particularly as this is of poor quality, and accuracy of this would be difficult to conclude either way against the topographical surveys or HS drawing figures. 49. Therefore, given the ambiguity of the red line, it is unclear whether the passing places are within the red line of the site showing the access track, and the required visibility splays. I acknowledge that existing vegetation has been removed to provide passing places, and there would be some natural remediation of ground clearance from vehicles flattening the track due to the use. Nonetheless, I am not satisfied that the safe maintenance of the passing places could be achieved in perpetuity, relating to obstructions from the growth of the trees, branches and canopies overhanging over into the passing places and onto the track above ground clearance. 50. Given it is not within the appellant’s control, and unlikely to be in the red line.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision This has the potential that any motorised vehicle would not be able to pass safely if another vehicle was met on the track, without having to reverse upon or wait on the carriageway of Coal Pit Lane. This would be detrimental to highway safety particularly given the speed of vehicles and restricted visibility of oncoming vehicles travelling over the bridge. 51. In addition, it is unclear from the original ‘visibility splay plan’ that this reflects the HS figure drawings, or where the site track/access point joins with the highway carriageway. This original plan omits the site edged red, and raises doubt on being comparative at the point which the 2.4m access centreline for visibility splays is taken, the position and proximity to the access of the Oak tree and hedgerow to the south. To maintain the site lines, visibility would need to be maintained free from obstruction/objects and vegetation of 1m in height. 52. Even, if the tree and hedgerow at the time of the HS were not within the visibility splays these would grow over time, and any shadow zone would also increase. In the event that vegetation, branches, canopies and the hedgerow grow to the point where visibility is significantly restricted.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision There would be no or very little prospect this could or would be reduced to maintain the splays as they appear outside of the site edged red. 53. In support of the appellant’s case, an email dated 17 May 2022, stated that ‘the owner of the track has confirmed that he owns land either side of the track (the woodland and upto to the adjoining field)’. However, during the Hearing, an interested party, confirmed that the roadside hedgerow was in fact within his ownership. This formed the boundary to his field that fronts Coal Pit Lane. On this basis, I cannot be certain to the extent where these land ownerships start or end. 54. The hedgerow could form part of the highway boundary, and the maintenance of such works undertaken by the Highway Authority to maintain the height. However, it would not be scheduled through any regular maintenance program. This position was clarified by the Council’s Highway Officer at the Hearing. He confirmed this is only carried out on an ad-hoc basis when a complaint is received. It is then a process, between the Council and the owner of the hedge to comply.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Therefore, there is no certainty on maintenance of the hedge, and the interested party who claimed to own it objected to any future works to reduce the height of the hedgerow. Nor is it clear, that countryside hedgerow https://www.gov.uk/planning-inspectorate 9

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Therefore, there is no certainty on maintenance of the hedge, and the interested party who claimed to own it objected to any future works to reduce the height of the hedgerow. Nor is it clear, that countryside hedgerow https://www.gov.uk/planning-inspectorate 9

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 works could be undertaken for the full duration of a year including within the main nesting and breeding season. 55. In this case as highway safety is a serious concern, and the proposal relates to new development for several households including families, I must be satisfied that the access, passing places and visibility splays could be maintained in perpetuity. 56. In coming to my conclusion, I have considered the facts and circumstances of the case, and whether I could impose suitably worded conditions, including a negatively worded one (Grampian)5. However, given the uncertainties described above and based on the evidence before me, I do not consider that this would be capable of overcoming my concerns. 57. I conclude that the proposed development would cause significant harm to highway safety. It would be contrary to Policy STRAT 10 of the LP1 and Policy T 5 of the LP2, as I have set out. It would also be contrary to the provisions of the Framework, paragraph 110, and paragraph 111 which sets out that development should only be prevented or refused on highway grounds if there would be an unacceptable impact on highway safety. Other Considerations 58.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Policy SOC 4 of the LP1 seeks to ensure appropriate provision for gypsies, travellers and travelling showpersons accommodation needs. This policy criterion is used to guide the site allocation process. It sets the overall need for site provision identified from 2013-2028, in line with the Cheshire Gypsy, Traveller and Showpeople Accommodation Assessment (March 2014), (GTAA). An updated GTAA, which serves the Local Authorities of Cheshire East, Cheshire West and Chester, Halton and Warrington were completed in July 2018. In the Borough, for the period of 2017-2030/32 it identified a need of 21 pitches by 2030, and 2 pitches 2030-32 to meet the need of those with PPTS status. 59. The LP2 does not allocate any new traveller sites. The Council were to prepare such site provisions in 2017, through a Traveller Development Plan Document (DPD), as an evidence base to the LP2. However, this DPD was not finalised, and the LP2 was adopted in 2019. Therefore, any new sites which come forward would be considered under Policy SOC4, and other relevant policies in the development plan. The meeting of future needs would be considered through any Local Plan review process, PPTS and the Framework. 60.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision As of October 2021, a total of 20 pitches had been provided in the Borough to meet the need. Therefore, a requirement remains of 1 pitch to 2030, and the Council asserted they have substantially met its unmet need in the next eight years. The Council confirmed at the Hearing, there were pending planning applications, 2 pitches at Davenham, an unauthorised pitch at Land at Tarporley Road, and the Plemstall Lane application for several pitches had been refused permission, and was at the early stages of appeal. I was also provided with the data of the latest caravan count, and for previous years. 61. The appellant sought to raise issues with the assessment and the methodology of the GTAA, as it had not been examined through the local plan process, and ignores the needs of the very many households who were not interviewed. The 5 PPG: Paragraph: 009 Reference ID: 21a-009-20140306 Revision date: 06 03 2014 https://www.gov.uk/planning-inspectorate 10

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 appellant considers there is a potentially greater need up to 2032, and asserted that the Council relies on windfall sites. This was not disputed by the Council, and it was agreed that the GTAA will be required to be updated in the future. However, the GTAA had been recently examined in the neighbouring Borough of Cheshire East, for the purposes of a site allocations and development policies documents. Therefore, the 2018 GTAA forms the most-up-to date assessment of need in the Borough. 62. There are 2 Council operated gypsy and traveller sites within the Borough which provide 30 pitches. Winsford has 18 pitches and Ellesmere Port has 12 pitches. The latest position was that the site at Winsford had 5 vacancies, but was likely to have waiting lists. 63. At the Hearing, the appellant set out that there were currently no available alternative pitches within the Borough to meet all the extended family needs, including the Council owned sites with long waiting lists, but many of the sites were also private and full.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision There was a distinct lack of rented suitability as many were family only sites, or short stay unlike the appeal site which the appellant’s own which would be available now for the individual family needs. 64. On the basis of the information before me, there does not appear any reasonable alternative accommodation for the appellant and his family to move and have a settled base as a unit together. Thus, I consider that having a settled base at the appeal site would result in a number of benefits to the appellant and his family that weigh in favour of the proposal. Personal Circumstances 65. The appellant, Mr C Boswell and a family member gave evidence at the Hearing, and I was provided with a family tree and detailed personal circumstances of those who intended to occupy the appeal site. The appellants confirmed that they come from a long line of gypsies who continue to live a gypsy lifestyle through choice. 66. Mr C Boswell is head of the family and permission is sought for his extended family of 7/8 households to have a settled base and live together as a unit on the appeal site. Mr C Boswell had previously lived on a gypsy site, but more recently due to family issues and ill health purchased a house in Elworth.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision The extended family have provided support to him, with not all, but several members of the extended family living on the driveway in their touring caravans when not travelling. 67. As discussed at the Hearing, a number of the proposed occupants of the plots have significant health issues. The care of these issues would benefit from a settled base where the family group could reside together, GP registration could take place, and access to hospital facilities. A number of the proposed occupants are also living in temporary and roadside locations and would clearly benefit from a settled base in terms of their living conditions and ability to access services. I further note that one family has been on the waiting list for the Council site at Winsford for over 12 months. 68. The Council did not contest the situation of the appellant’s and their family or dispute the appellant’s PPTS status, and it is not proposed that personal occupancy should be controlled by condition. In light of the above the personal https://www.gov.uk/planning-inspectorate 11

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 circumstances of the appellant, and the needs of the extended family adult members adds considerable weight in support of the proposal. The best interests of the children 69. The best interests of children are a primary consideration in this appeal. No other consideration is inherently more important than their best interests in safeguarding and promoting their welfare. However, these best interests will not always outweigh other considerations including those that impact negatively on the environment, and in all of the circumstances of the case. Nonetheless, I have kept the best interests of the children at the forefront of my mind in reaching my decision. 70. Children would live in 5 of the resultant plots, and within 1 of the touring caravans. I acknowledge that, not all but several of the children have health issues and a settled base would provide suitable access to GP facilities. A number of the children are currently below school age, and the families would like a settled base in the future for access to education, and that it is important for their emotional well-being. I acknowledge that children may also be supported by having other family members around. 71.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision I am aware that there is the potential for some opportunity for the use of the residential property at Elworth, owned by the appellant for family members. However, I have limited evidence on the suitability of this property, including that it could be used as a settled base. 72. Nevertheless, I afford substantial weight to the best interest of the children, insofar as it impacts upon the relevant plots. Other Matters 73. Since the appeal was lodged, a Written Ministerial Statement was issued on 16 March 2022, and NE updated its advice in relation to nutrient level pollution in a number of existing and new river basin catchments being in unfavourable condition. Cheshire West and Chester Council was newly listed as having protected water bodies affected by this, and in the interests of natural justice the main parties were invited to make representation. 74. At the Hearing, the Council advised there are only two designated sites in the Borough including Oak Mere, and Wybunbury Moss. The main parties agreed that the appeal site does not fall within the catchment of either of these designated sites and the proposal would not have a ‘Likely Significant Effect’ or effects on the integrity of the European sites.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision As such, there would be no adverse impacts, and it is not necessary for me to consider this matter further. 75. The proposed development would not cause any harm in respect of the living conditions of nearby occupiers, contamination, flooding and biodiversity. There is no evidence that it would result in additional rubbish, noise disturbance or anti-social behaviour. Unauthorised works or use at the appeal site would be future matters for the Council. Suitably worded conditions could address lighting, drainage, protection of canal habitats, biodiversity and the structural integrity of the canal embankment. https://www.gov.uk/planning-inspectorate 12

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision As such, there would be no adverse impacts, and it is not necessary for me to consider this matter further. 75. The proposed development would not cause any harm in respect of the living conditions of nearby occupiers, contamination, flooding and biodiversity. There is no evidence that it would result in additional rubbish, noise disturbance or anti-social behaviour. Unauthorised works or use at the appeal site would be future matters for the Council. Suitably worded conditions could address lighting, drainage, protection of canal habitats, biodiversity and the structural integrity of the canal embankment. https://www.gov.uk/planning-inspectorate 12

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision Appeal Decision APP/A0665/W/21/3286310 Planning Balance and Conclusion 76. The proposal would cause harm to the character and appearance of the area, and I afford this moderate weight. I attach substantial weight to the harm to highway safety and that the safe and efficient operation of the highway network in the vicinity of the appeal site would be compromised to a significant degree. The proposal would be contrary to the development plan in these respects. 77. In the overall planning balance, the benefits of the proposal, including the provision of the appeal site for 7/8 additional gypsy and traveller households, the personal considerations offered by the appellant and a settled base for a number of children to assist in their emotional, educational and medical development are not sufficient in this case to outweigh the harm I have identified. The significant effect on highway safety, on its own is sufficient for me to conclude that the proposed development is unacceptable, particularly in the interests of public safety. 78. In coming to that view, I have had due regard to the Human Rights Act 1998 (HRA) and the Public Sector Equality Duty (PSED) under the Equality Act 2010.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — Appeal Decision The appellants and extended family, who intend to occupy the site have protected characteristics for the purposes of the PSED. However, after having regard to all material considerations, I am satisfied that the aim of avoiding unacceptable significant harm to highway safety can only be adequately addressed by dismissal of the appeal, which is therefore necessary and proportionate. 79. There are no other material considerations that would indicate that the proposed development should be determined other than in accordance with the development plan. 80. For the reasons set out above, and having regard to all other matters raised, I conclude that the appeal should be dismissed.

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — K A Taylor INSPECTOR https://www.gov.uk/planning-inspectorate 13

LITTLE VERAS PADDOCK, OFF COAL PIT LANE, STANTHORNE, WINSFORD, CW10 0NB — Cheshire West and Chester — K A Taylor INSPECTOR https://www.gov.uk/planning-inspectorate 13 Appeal Decision APP/A0665/W/21/3286310 APPEARANCES FOR THE APPELLANT: A Heine Planning Consultant C Boswell Appellant J Boswell On behalf of the Appellant J Hurlstone Highway Consultant FOR THE LOCAL PLANNING AUTHORITY: E Shepherd Senior Planning Officer G Smith Planning Policy Manager B Fletcher Planning Policy Officer P Parry Council Highway Consultant INTERESTED PARTIES: C Lea Jones A Jones K Armstrong Volunteer Clerk, Parish Council Documents submitted at the Hearing 1 Agreed Statement of Common Ground 2 Personal Circumstances / Family Tree 3 Caravan Count 4 Highway Consultation Email dated 8 October 2021 Additional documents submitted 1 2022-08-15 JPH Highways Statement 2 2022-08-15 JPH Highways Statement Appendices D2 220502 3 L2-J6-2022 Post hearing letter addressing highway issues 4 P0548_4272_1 Coal Pit Lane Topographical Survey 5 P0548_4272_2 Coal Pit Lane Topographical Survey 6 P0548_4272_3 Coal Pit Lane Topographical Survey 7 Little Vera Paddock Highway Statement 1 Documents submitted after the Hearing 1 Amended suggested highways condition https://www.gov.uk/planning-inspectorate 14