Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision Hearing held on 28 January 2025 Site visit made on 28 January 2025 by Graham Wraight BA(Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 13th March 2025 Appeal Ref: APP/M0655/W/24/3348526 Manor Park, Fir Tree Close, Stretton, Warrington, Cheshire WA4 4LY • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Charles Smith against the decision of Warrington Borough Council. • The application Ref is 2023/01271/FUL. • The development proposed is the material change of use of land to use as a residential caravan site for 10 gypsy families, each with two caravans including no more than one static caravan, together with the laying of hardstanding Decision 1.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision The appeal is allowed and planning permission is granted for the material change of use of land to use as a residential caravan site for 10 gypsy families, each with two caravans including no more than one static caravan, together with the laying of hardstanding at Manor Park, Fir Tree Close, Stretton, Warrington, Cheshire WA4 4LY in accordance with the terms of the application, Ref 2023/01271/FUL, subject to the conditions in the attached schedule. Preliminary Matters Planning background 2. A previous planning permission was granted in 20191 for the change of use of part of the current appeal site to a mixed use for the stabling of horses and as a residential caravan site for five gypsy households, along with the laying out of additional hardstanding. It was evident at my site visit that caravans have also been sited outside of the land on which development was previously permitted, but within the appeal site. The appeal submission does not seek to regularise the current layout but instead proposes a different layout and therefore I have made my assessment of the appeal on that basis. 3.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision The description of the appeal development does not include reference to mixed use including stabling of horses, although both buildings are denoted as being stables on the site layout plan submitted. To change the description from that which was consulted upon would be unfair to interested parties who would be deprived of the opportunity to make representations on the amendment. However, any matters that may arise in relation to the use of those buildings can be addressed between the appellant and the Council. 1 2018/33053 https://www.gov.uk/planning-inspectorate

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision The description of the appeal development does not include reference to mixed use including stabling of horses, although both buildings are denoted as being stables on the site layout plan submitted. To change the description from that which was consulted upon would be unfair to interested parties who would be deprived of the opportunity to make representations on the amendment. However, any matters that may arise in relation to the use of those buildings can be addressed between the appellant and the Council. 1 2018/33053 https://www.gov.uk/planning-inspectorate

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision Appeal Decision APP/M0655/W/24/3348526 Revised National Planning Policy Framework 4. A revised National Planning Policy Framework (the Framework) was published on 12 December 2024 alongside a revised Planning Policy for Traveller Sites Policy Paper (PPTS). As a result of changes brought about in those publications, it is common ground between the main parties that the development is not inappropriate development in the Green Belt. This is by virtue of paragraph 155 of the Framework and the relevant criteria contained therein, those being parts a), b) and c). The main parties agree that the development would utilise grey belt land and would not fundamentally undermine the purposes (taken together) of the remaining Green Belt across the area of the plan. It is also common ground that there is an unmet need for the provision of pitches for Gypsy and Travellers in the Borough, that the Council cannot currently demonstrate a five year supply of deliverable traveller sites and that the appeal site is in a sustainable location. 5.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision Having had regard to the positions of the main parties and to the discussion that took place at the hearing, I concur that the development satisfies each of the relevant criteria set out in paragraph 155 of the Framework and is therefore not inappropriate development in the Green Belt. The Green Belt Planning Practice Guidance was revised on 27 February 2025, however I am satisfied that it does not alter this assessment and conclusion. The relevant development plan policy, Policy GB1 of the Warrington Local Plan 2023 (LP), states that other forms of development defined in national planning policy to be an exception to inappropriate development within the Green Belt, will be supported, subject to meeting other relevant Local Plan policies and any relevant Supplementary Planning Documents. Therefore, I proceed on the basis that the appeal development is not inappropriate development in the Green Belt when assessed against both national and local planning policies. Main Issue 6. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 7.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision The appeal site sits in surroundings of a mixed character, close to the M56 motorway and to the road infrastructure associated with its junction 10, to a sizeable private hospital and to the small settlement of Stretton. Notwithstanding this, the area retains a somewhat rural feel including in longer views of the appeal site, some of which are taken across fields. The appeal proposal would however be viewed in the context of the caravan site already permitted which allows for five pitches close to the two large former agricultural buildings which are present on the site. It is intended to provide new landscaping to the east and south boundaries to aid in screening the appeal development. 8. In some longer views, such as from along Hatton Lane, the caravans already present on the land are visible. Not all of those are permitted to be there at the current time, but nonetheless this provides a useful reference for an assessment of the likely visual impact of the appeal development. The proposed development would both extend the site area and the number of caravans present and thus would have a greater visual impact than what has previously been permitted.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision However, the extension would be in the direction of the motorway and the number of additional caravans would be modest in number. Alongside the screening https://www.gov.uk/planning-inspectorate 2

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision However, the extension would be in the direction of the motorway and the number of additional caravans would be modest in number. Alongside the screening https://www.gov.uk/planning-inspectorate 2

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision Appeal Decision APP/M0655/W/24/3348526 provided by the existing buildings on the site and the proposed landscaping, and given also the mixed character of the surroundings, this would ensure that there would not be a harmful impact on the character and appearance of the area. 9. For these reasons, the proposed development would accord with Policy DC6 of the LP where it seeks to safeguard the quality of place. Other Matters 10. Whilst the Officer Report refers to the imposition of a planning condition requiring a suitable ecological appraisal and necessary mitigation measures if planning permission were to be granted, no such condition was included in the Council’s list of suggested conditions submitted with the appeal. The Council further confirmed at the hearing that their position now is that the condition is not required. It is evident that much of the appeal site is already hard surfaced, and it is seemingly for that reason that the previous planning application for 5 pitches attracted no objection from the Greater Manchester Ecology Unit. The additional land was, at the time of my visit, maintained as short cut grass paddock.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision On that basis, there is nothing before me to suggest that the submission of any ecological survey work is reasonably needed in this instance. 11. The appeal site is located near to Firtree House, a grade II listed building which, although set back from Fir Tree Close, appears prominent from the public domain. However, the additional five caravans that would result from the proposal would be located to the other side of the large brick built buildings on the appeal site, and there would also be a physical separation between what is proposed and the listed building. There is nothing before me to suggest that the appeal site is part of the listed building’s setting or contributes to its significance. Therefore, I am satisfied that the development accords with the statutory duty set out in Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 in that the setting of the listed building would be preserved. 12. The Highway Authority consider that it would be necessary to undertake works to the existing access to serve the number of pitches proposed. Reference is made in their consultation response to a requirement for a hard-surfaced driveway capable of accommodating two-way traffic.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision However, the existing access is hard surfaced to the highway edge and back into the site, and from visual inspection appears to be of a width at this point to allow two vehicles to pass. However, even if that was not the case, Fir Tree Close is a very wide no-through road with only two dwellings beyond the appeal site access. I do not consider that in either scenario the use of the existing access to serve the appeal development would result in harm to highway safety. 13. The Written Ministerial Statement of 17 December 2015 sets out changes to national planning policy to make intentional unauthorised development in the Green Belt a material consideration. My attention has been drawn by the Council to a linked appeal decision2 where the appointed Inspector afforded moderate adverse weight to this consideration. Even if I were to afford the same weight in this instance, this matter alone would not justify the refusal of a development which I have found to be in accordance with current Green Belt policy and not to result in any other harm. 2 Appeal Decisions APP/R0660/C/22/3309004 & APP/R0660/W/22/3308801 https://www.gov.uk/planning-inspectorate 3

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision Appeal Decision APP/M0655/W/24/3348526 14. Interested parties have highlighted the presence of other gypsy and traveller sites in the area. However, even with the addition of the appeal proposal these would not collectively be of a scale or number that would dominate the nearest settled communities or place undue pressure on the local infrastructure. Conditions 15. Discussions took place at the hearing as to the extent to which the appeal development has taken place, if at all. Whilst there are a number of caravans present on the appeal site, the view of the main parties was that the development has not commenced in the form proposed by the planning application that was made. The main parties shared the view that the standard time period for commencement was required. I shall therefore impose that condition alongside a condition setting out the approved plans, in the interests of providing certainty. With regard to the wording of other conditions, discussion took place as to whether those could be worded as pre-commencement conditions or should be worded to address a retrospective development.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision Given the position that the development has not commenced in the form proposed by the planning application, I am satisfied that these can where necessary be worded as pre-commencement conditions. 16. A condition restricting occupation to those meeting the definition of Gypsy and Travellers set out in the PPTS is required as this is where the need and justification for the development arises. It is necessary to impose a condition setting out the number of pitches approved to define the permission in accordance with what was applied for. A condition requiring details of landscaping is needed to allow for precise details of the proposed landscaping to be approved in the interests of visual amenity, and details of any external lighting are required for the same reason. A drainage condition is required to ensure that adequate drainage provision is put in place. A condition preventing commercial activity taking place on the land including the storage of materials is needed to define the permission as one for residential use. 17. For the reasons I have set out above it is not necessary to require the widening of the site access onto Fir Tree Close.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Appeal Decision There is an existing sliding gate set back into the site, and it is therefore not necessary to impose a condition preventing a gate or barrier being erected on the adopted highway or opening onto it, which in any event is a matter that could be addressed by the Highway Authority if this did occur in the future. A condition relating to works to trees during the bird breeding season is not required as this would duplicate the provisions of other legislation. 18. I have reworded the Council’s proposed conditions where appropriate, in the interests of precision. Conclusion 19. For the reasons given above, the appeal should be allowed.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Graham Wraight INSPECTOR https://www.gov.uk/planning-inspectorate 4

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Graham Wraight INSPECTOR https://www.gov.uk/planning-inspectorate 4

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Graham Wraight Appeal Decision APP/M0655/W/24/3348526 Schedule of conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following drawings: Site Location Plan, Site Layout Plan, Post & Rail Fence and drawing No. PBA4. 3) The site shall not be occupied by any persons other than Gypsies and Travellers, defined as persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family’s or dependants’ educational or health needs or old age have ceased to travel temporarily or permanently, and all other persons with a cultural tradition of nomadism or of living in a caravan, but excluding members of an organised group of travelling showpeople or circus people travelling together as such. 4) There shall be no more than 10 pitches on the site and on each of the 10 pitches hereby approved no more than 2 caravan(s) as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 as amended, shall be stationed at any time, of which only 1 caravan shall be a static caravan.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Graham Wraight 5) No development shall commence until a landscaping scheme which shall include hard surfacing, means of enclosure, planting of the development (including native species), indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of the development and a timetable for implementation, has been submitted to and approved by the Local Planning Authority. The approved scheme shall be implemented in accordance with the timetable for implementation and any tree or shrub planted which dies or is felled, uprooted, wilfully damaged or destroyed in the first five year period commencing with the date of planting shall be replaced with a tree or shrub of the same species and size in the same place within the first planting season following the death, felling, uprooting, damaging or destruction of the original tree or shrub. 6) No commercial activities shall take place on the land, including the storage of materials. 7) Foul and surface water shall be drained on separate systems. Surface water shall be drained in accordance with the hierarchy of drainage options in national planning practice guidance.

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Graham Wraight In the event of surface water discharging to public sewer, the rate of discharge shall be restricted to the lowest possible rate which shall be agreed with the statutory undertaker prior to connection to the public sewer. 8) No external lighting shall be installed other than in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. ----------------------------------------End of Conditions---------------------------------------------- https://www.gov.uk/planning-inspectorate 5

Manor Park , Fir Tree Close, Stretton, Warrington, Cheshire, WA4 4LY — Warrington Borough Council — Graham Wraight In the event of surface water discharging to public sewer, the rate of discharge shall be restricted to the lowest possible rate which shall be agreed with the statutory undertaker prior to connection to the public sewer. 8) No external lighting shall be installed other than in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. ----------------------------------------End of Conditions---------------------------------------------- https://www.gov.uk/planning-inspectorate 5 Appeal Decision APP/M0655/W/24/3348526 APPEARANCES FOR THE APPELLANT: Philip Brown – Philip Brown Associates Charles Smith – Appellant FOR THE LOCAL PLANNING AUTHORITY: Gary Earnshaw – Development Management Team Leader Kevin Usher – Principal Planning Policy Officer INTERESTED PARTIES: Councillor Linda Jones – Chair, Stretton Parish Council Councillor Laura Booth – Warrington Borough Council Councillor Peter Walker – Warrington Borough Council DOCUMENTS Amended Table 4: 5 year supply of Gypsy & Traveller accommodation needs https://www.gov.uk/planning-inspectorate 6