Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — by N Bromley BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 13th May 2025

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — Fishpool Farm, Fishpool Road, Delamere, Northwich CW8 2HP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr William Connors against the decision of Cheshire West and Chester Council. • The application Ref is 24/01021/S73. • The application sought planning permission for construction of a hay barn for agricultural purposes without complying with a condition attached to planning permission Ref 09/01255/FUL, dated 18 September 2009. • The condition in dispute is No 5 which states that: “Within three months of the hereby approved agricultural building ceasing to be required for agricultural purposes in conjunction with Fishpool Farm, Fishpool Road, Delamere, Cheshire then it shall be demolished and all associated materials permanently removed from the site”. • The reason given for the condition is: “In the interests of protecting the character and appearance of the open countryside in accordance with policy GS5 of the Adopted Vale Royal Borough Local Plan First Review”.

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — been constructed. 1 Council Reference: 09/01255/FUL https://www.gov.uk/planning-inspectorate

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — been constructed. 1 Council Reference: 09/01255/FUL https://www.gov.uk/planning-inspectorate Appeal Decision APP/A0665/W/24/3354534 4. The proposal seeks the removal of condition 5 of the original permission in order to remove the requirement to demolish the building and remove all associated materials permanently from the site within three months of the date it ceases to be required for agricultural purposes. 5. Since the original permission, the Cheshire West and Chester Local Plan (Part One) Strategic Policies (2015) (LPP1) and the Cheshire West and Chester Local Plan (Part Two) Land Allocations and Detailed Policies Plan (July 2019) (LPP2) has been adopted by the Council. The policies in the LPP1 and the LPP2 replace those of the Adopted Vale Royal Borough Local Plan First Review referred to in the reasons for condition 5 of the original permission. Main Issue 6. Taking into account the above background, the main issue is whether the condition is reasonable or necessary in the interests of protecting the countryside, including the effect of the building on the character and appearance of the area. Reasons 7. The appeal site comprises a steel portal frame agricultural building (the appeal building), located within the open countryside.

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — been constructed. The site includes a variety of buildings and structures, in varying uses, which have an appearance that are largely reflective of the rural setting. A caravan park and its associated buildings are also adjacent to the appeal site. Overall, the surrounding area has a prevailing rural character, with open fields bounded by tall hedgerows, agricultural and equine buildings, sporadic residential dwellings and areas of woodland. 8. Policy STRAT9 of the LPP1, amongst other things, permits development that has an operational need for a countryside location such as for agricultural or forestry operations. Development must be of an appropriate scale and design to not harm the character of the countryside. Policy DM6 of the LPP2 supports new agricultural buildings where they accord with Policy STRAT9 of the LPP1 and, amongst other things, it is demonstrated that there is an operational need for the development in connection with the agricultural or forestry enterprise and it is appropriate in scale, design, materials and landscaping so not to harm the character of the countryside.

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — been constructed. The policies are consistent with the design objectives of the Framework and its intention that the intrinsic character and beauty of the countryside is recognised. 9. The appeal building is located at the end of a track, accessed from the caravan park. The appeal building was constructed for agricultural purposes, specifically a hay barn. Therefore, although the size of the agricultural holding is not immediately clear, without any evidence to the contrary it must have been demonstrated that there was an operational, agricultural need for the building when the original permission was granted. 10. Section 72(1)(b) of the Town and Country Planning Act 1990 as amended enables the imposition of conditions containing provisions similar to the disputed condition related to demolition. It is also a condition on certain agricultural permitted development rights that buildings must be removed, and the land restored to its previous condition, if no alternative use is permitted within 3 years of the cessation of agricultural use. Nonetheless, I am mindful that the Planning Practice Guidance2 2 Paragraph: 014 Reference ID: 21a-014-20140306 https://www.gov.uk/planning-inspectorate 2

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — been constructed. Appeal Decision APP/A0665/W/24/3354534 is clear that ‘a condition requiring the demolition after a stated period of a building that is clearly intended to be permanent is unlikely to pass the test of reasonableness’. 11. Taking into account the materials used in the construction of the appeal building it is clearly intended to be permanent. It has a utilitarian design, reflective of many other modern agricultural buildings, particularly in a rural setting. As such, the design and location of the building assimilates into the rural landscape. It also benefits from the backdrop of trees and there are minimal views of the building from the wider area. For these reasons the appeal building does not harm the character and appearance of the countryside. 12. Accordingly, the building is permanent and is constructed for its intended agricultural purpose, and it does not harm the character and appearance of the countryside. Therefore, without robust justification for the demolition of the building when the agricultural use ceases, it is not necessary for the building to be demolished. 13.

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — been constructed. Reference has been made to the planning history of the site, including an application for prior approval3 to change the use of the appeal building to a dwelling (the prior approval application) which has been refused. While the prior approval application shows a clear intention to seek an alternative use for the building, planning permission or prior notification would be required for a different use. Indeed, the submission of the prior approval application and subsequent refusal demonstrates that there are adequate safeguards to ensure that the implications of a use for non-agricultural purposes can be suitably controlled in the future. 14. The PPG makes clear that decision notices for the grant of planning permission under Section 73 should also repeat the relevant conditions from the original planning permission. In this instance condition 4 of the original permission, which restricts the use of the appeal building to agricultural purposes incidental to the use of land associated with Fishpool Farm and not for the use of any other trade or business, would still be reasonable and necessary. The condition would continue to help protect the countryside also. 15.

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — been constructed. Consequently, for the above reasons the removal of the condition would not lead to a development in conflict with Policy STRAT9 of the LPP1 and Policy DM6 of the LPP2. There is no policy requirement and no other factor to justify the demolition of the building in the event that its use ceases. Therefore, on the evidence before me, I conclude that the disputed condition is not reasonable or necessary with regard to protecting the countryside, including the effect of the building on the character and appearance of the area. Conditions 16. The building has been constructed and the standard commencement condition is no longer necessary. However, as I have no information before me about the status of the other conditions imposed on the original planning permission, I shall impose all those that I consider remain relevant. In the event that some have in fact been discharged, that is a matter which can be addressed by the parties. 3 Reference: 23/03422/PDQ https://www.gov.uk/planning-inspectorate 3

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — been constructed. Appeal Decision APP/A0665/W/24/3354534 Conclusion 17. For the above reasons, and having regard to all other matters raised, I conclude that the appeal is allowed, and a new planning permission is granted, excluding the previous requirement to demolish the building and remove all associated materials permanently from the site within three months of the date it ceases to be required for agricultural purposes.

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — N Bromley INSPECTOR https://www.gov.uk/planning-inspectorate 4

Fishpool Farm, Fishpool Road, Delamere, NORTHWICH, CW8 2HP — Cheshire West and Chester — N Bromley INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/A0665/W/24/3354534 Schedule of Conditions 1) Before the building hereby approved is first commenced, details of the colour and/or staining of timber and steel cladding shall be submitted to and approved by the Local Planning Authority. The building shall be retained in the colour so approved. 2) The development shall be carried out in accordance with the details submitted as part of this application and indicated in the following drawings:- • Drawing No. 325-03 B; • Drawing No. 325-04 C; • Location Plan at a scale of 1:2500 received by the Local Planning Authority on the 10 July 2009. 3) The agricultural building hereby permitted shall be used solely for agricultural purposes incidental to the use of land associated with Fishpool Farm, Fishpool Road, Delamere, Cheshire, CW8 2HP and not for the use of any other trade or business. 4) The existing buildings to be demolished as indicated on drawing reference 325- 03 B, shall be demolished and all associated materials removed from the site prior to the hereby approved development first coming into use. https://www.gov.uk/planning-inspectorate 5