Case 3376597

Land off Crewe Road, Sandbach, CW11 1EW

Cheshire East — appeal allowed

Outcome
Allowed
Decision date
9 April 2026
Authority
Cheshire East
Inspector
Young D
Procedure
Inquiry
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Major dwellings
Appellant
Wain Estates (Land) Ltd
LPA reference
25/1403/OUT
ONS LPA code
E06000049
Jurisdiction
Transferred
Link status
Not Linked
Start date
16 December 2025

Summary AI

The appeal was allowed due to the Council's inability to demonstrate a five-year supply of deliverable housing sites, which shifted the planning balance in favour of a grant of consent. The proposed development would provide benefits in the form of housing delivery, a new care home facility, a new community facility, and improved connectivity to the Wheelock Trail.

Generated from the decision letter — check against the original before relying on it.

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Page 1 · Chunk 0 Appeal Decision

Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Inquiry held on 17 March 2026 Site visit made on 23 March 2026 by D M Young JP BSc (Hons) MA MRTPI MIHE an Inspector appointed by the Secretary of State Decision date: 9th April 2026 Appeal Ref: APP/R0660/W/25/3376597 Land off Crewe Road, Sandbach, CW11 1EW • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant outline planning permission. • The appeal is made by Wain Estates (Land) Ltd against the decision of Cheshire East Council. • The application Ref is 25/1403/OUT. • The development proposed is the erection of up to 160 dwellings (C3), a new care home of up to 70 bedspaces (C2), a new community building (F2) with associated car parking, and a new countryside park (all matters reserved except access). Decision 1. The appeal is allowed and outline planning permission is granted for the erection of up to 160 dwellings (C3), a new care home of up to 70 bedspaces (C2), a new community building (F2) with associated car parking, and a new countryside park (all matters reserved except access) at land off Crewe Road, Sandbach, CW11 1EW in accordance with the terms of the application, Ref 25/1403/OUT, subject to the conditions in the attached schedule.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Preliminary Matters 2. The Council accepts it cannot demonstrate a five-year supply of deliverable housing sites. The effect of this is two-fold. Firstly, it renders the relevant policies out-of-date and, secondly, engages the ‘tilted’ balance in paragraph 11d) of the National Planning Policy Framework (NPPF). This shifts the planning balance in favour of a grant of consent. Only if the adverse impacts would significantly and demonstrably outweigh the benefits, should permission be refused. 3. The application subject of this appeal was refused by the Council in November 2025. The reason for refusal raised several matters including the effect of the development on the countryside gap, an off-site ancient woodland, highway safety, the loss of best and most versatile (BMV) agricultural land and local wildlife. 4. Following the decision, further discussions took place between the Council and Appellant. As a result, the Council opted not to defend its reason for refusal and now takes the position that planning permission should be granted. Opposition to the scheme was provided by the various interested parties that spoke at the inquiry. 5.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision A previous outline planning application for up to 200 dwellings and a potential site for a community facility was dismissed by the Secretary of State in October 2016.1 1 PINS ref: APP/R0660/W/15/3129235 - CD10.1 https://www.gov.uk/planning-inspectorate

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision A previous outline planning application for up to 200 dwellings and a potential site for a community facility was dismissed by the Secretary of State in October 2016.1 1 PINS ref: APP/R0660/W/15/3129235 - CD10.1 https://www.gov.uk/planning-inspectorate

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/25/3376597 This was due to the impact upon an area of separation as designated in a previous version of the Sandbach Neighbourhood Development Plan (SNP). I have regard to the 2016 decision insofar as it is relevant to my consideration of the current appeal. Main Issues 6. The main issues are the effect of the development on: a) the character and appearance of the area including the Green Gap; b) highway safety, and c) BMV agricultural land. Relevant Policy 7. The site is adjacent but outside the settlement boundary of Sandbach. For planning purposes, it is therefore in the countryside where Policy PG6 of the 2017 Cheshire East Local Plan Strategy (the LP) seeks to restrict development. Housing is not one of the stated exemptions. The site is also within a Green Gap. Policy PG13 of the 2022 Cheshire East Site Allocations and Development Policies Document and Policy PC1 of the SNP apply Policy PG6 to local Green Gaps. Consequently, the principle of development conflicts with Policies PG6, PG13, PC1 and PC3. Reasons Character and appearance 8. The site comprises a series of agricultural fields enclosed by hedgerows, trees and wooded areas.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision The main views across the appeal site are from the Wheelock Trail which runs along the southern site boundary. The site is generally well screened from the road network to the east and north. The Grade II listed Abbeyfields is located to the north-west of the appeal site. While there are a number of mature trees on the site, the vast majority of these would be retained by the proposed development. 9. The site undoubtedly forms part of, and contributes to, the attractive agricultural landscape between Sandbach and Ettiley Heath. However, it does not lie within any local or national designations and is not a ‘valued’ landscape as set out in NPPF paragraph 180a). To use the oft-repeated phrase, it is ordinary attractive countryside. 10. The application was accompanied by a detailed Landscape and Visual Impact Appraisal (LVIA) which provides a detailed description of the existing baseline and assesses the likely landscape and visual effects of the development. The LVIA concludes that the development would result in a moderate/minor adverse effect on landscape character resulting from a loss of openness. The Committee Report found that the development would result in a modest level of visual harm.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision I concur with those assessments. 11. In terms of the Green Gap, it is important to recognise that the layout of the 2016 appeal scheme was materially different to the current one. The bulk of built development is now proposed to the northern part of the site with the country park occupying the more sensitive southern area. In my view, this would retain the https://www.gov.uk/planning-inspectorate 2

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision I concur with those assessments. 11. In terms of the Green Gap, it is important to recognise that the layout of the 2016 appeal scheme was materially different to the current one. The bulk of built development is now proposed to the northern part of the site with the country park occupying the more sensitive southern area. In my view, this would retain the https://www.gov.uk/planning-inspectorate 2

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/25/3376597 principal components and purposes of the Green Gap and maintain a meaningful area of separation between Sandbach and Ettiley Heath. 12. Overall, while there would be some visual and landscape harm, this would not be at a level to bring the development into conflict with SNP Policy PC1(1-3) or LP Policy SE2. Highway Safety 13. The rationale for the highway safety concerns rests in large part on the proximity of Wheelock Primary School. Although there was no objection from the Highway Authority, objectors argued that the new access would give rise to hazards between vehicles and pedestrians. 14. While I observed parking on Crewe Road during school drop-off and pick-up times, it was ephemeral in nature and fairly typical of what would be found at the majority of schools up and down the country. I did not see anything that could reasonably be described as dangerous, illegal or even inconsiderate. While I appreciate my observations were only a brief snapshot in time, there have been no recorded accidents in the vicinity of the school in the most up-to-date five-year period (2019- 2023). 15.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision The objectors who spoke at the Inquiry acknowledged the design of the access would meet all the relevant geometric standards. Crewe Road is relatively straight and there is no dispute that sufficient vehicular and pedestrian visibility splays would be provided based on recorded 85th percentile speeds (approximately 30mph).2 While there was some anecdotal evidence of speeding problems, these have not been supported by objective evidence. 16. The priority junction serving the proposed development would be constructed on a raised table which would reduce vehicular speeds in and out of the access. Double yellow lines similar to those at the Chartwell Park junction would be placed around the bellmouth to prevent dangerous parking. While some school parking might take place further down the proposed estate road, I see that as a highway benefit as it may reduce parking on the busier Crewe Road. 17. The site access as well as other junctions in the locality were modelled in the Appellant’s Transport Assessment in accordance with established practice. In all cases the junctions were found to operate within acceptable threshold limits and/or the impact of development traffic was not sufficient to justify intervention. 18.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Based on the foregoing, I am satisfied that the proposed development would not pose an unacceptable highway safety risk. Best and Most Versatile agricultural land 19. The appeal site comprises around 17 hectares of mainly Grade 2 and 3a agricultural land. The NPPF requires decision-makers to recognise the economic and other benefits of BMV land. The Council accepts that the loss of BMV land would not be significant for the purposes of NPPF footnote 65. Similarly, the SoS considered the loss of BMV land did not attract significant weight in the 2016 appeal. 2 There is an advisory 20mph zone in operation during school pick-up and drop-off times. https://www.gov.uk/planning-inspectorate 3

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Based on the foregoing, I am satisfied that the proposed development would not pose an unacceptable highway safety risk. Best and Most Versatile agricultural land 19. The appeal site comprises around 17 hectares of mainly Grade 2 and 3a agricultural land. The NPPF requires decision-makers to recognise the economic and other benefits of BMV land. The Council accepts that the loss of BMV land would not be significant for the purposes of NPPF footnote 65. Similarly, the SoS considered the loss of BMV land did not attract significant weight in the 2016 appeal. 2 There is an advisory 20mph zone in operation during school pick-up and drop-off times. https://www.gov.uk/planning-inspectorate 3

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/25/3376597 20. LP Policy SD1 states that where possible development should “make efficient use of land, protect the best and most versatile agricultural land and make best use of previously developed land”. Policy SD2(v) expects development to avoid the loss of BMV land unless the strategic need for development overrides that loss. 21. In this case there is a clear strategic need for the proposed development evidenced by the Council’s housing land supply position. Accordingly, I ascribe very limited weight to the loss of BMV land in this instance. Other Matters 22. Objectors raised concerns about the potential impact of the development on the ancient woodland to the west of the site. These matters are covered by the Arboricultural Impact Assessment and the Technical Note attached as Appendix 6 to the Appellant’s Planning Proof of Evidence. The first point to make is that the woodland lies entirely outside the red line boundary of the appeal scheme and is not within the ownership or control of the Appellant. No works are proposed within the ancient woodland or within a 15m buffer zone, the latter being considered acceptable by Natural England as well as the Council’s ecology and tree officers.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision While I have carefully considered Mr Mellin’s representations, I am satisfied that a drainage scheme (condition 15) could be designed in such a way as to avoid any adverse impact on the ancient woodland. 23. The duty under Section 66 of the Planning (Listed Building and Conservation Areas) Act 1990 requires special regard to be paid to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest which it possesses. The nearest heritage asset to the appeal site is Abbeyfields. The Council allege that there would be some harm to setting, that is the surroundings in which it is experienced. I respectfully disagree. As I saw when I visited the site, Abbeyfields is some distance away and visually contained by a mature band of landscaping on its eastern, southern and western flank. Consequently, even in early spring I was unable to obtain any meaningful views of the building. On that basis, I do not consider the appeal site forms part of the surroundings in which Abbeyfields is experienced. Accordingly, I concur with the Appellant’s assessment that there would be no heritage harm. Obligations 24.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Regulation 122 of the CIL Regulations and NPPF paragraph 58 set out policy tests for planning obligations which must be necessary to make the development acceptable in planning terms, directly related to the development and fairly and reasonably related in scale and kind to the development. While many of the obligations contained in the s106 agreement are agreed between the parties, the agreement provides that if my decision letter concludes that any provision is incompatible with any one of the CIL tests then the relevant obligation shall cease to have effect. An executed version of the agreement as well as a CIL Compliance Statement Addendum3 was submitted after the close of the Inquiry in accordance with an agreed timetable. 25. As is customary, a number of the contributions have been calculated as a ‘per dwelling’ payment. However, great care needs to be taken with that approach 3 The Addendum provides additional information regarding the indoor sport and highway obligations but does not change the amount of each contribution from that set out in the S106 agreement discussed at the inquiry. https://www.gov.uk/planning-inspectorate 4

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/25/3376597 given the legal framework set out above. The fact that there may be an SPD or similar document containing a tariff of financial contributions does not obviate the need for the Council to assess the current level of local infrastructure provision and to reach an informed view on the nature and impact of the appeal scheme on that infrastructure. In satisfying the legal tests it will be necessary therefore to show that 1) the development would generate demand on services and infrastructure, and 2) the demand cannot be met by existing infrastructure. 26. Cognisant of the above there are two planning obligations with which I have reservations. Firstly, a contribution of £904 per dwelling is sought by the Cheshire and Merseyside Integrated Care Board (ICB) towards the reconfiguration of the Ashfields Primary Care Centre. Firstly, it appears that the contribution is based on the (unevidenced) assumption that 100% of new occupants will be new to the area and need to register with a new GP.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision While some anecdotal evidence was advanced at the inquiry suggesting that a high proportion of new houses in Sandbach are occupied by people from out of area, I would be hard pushed to agree that all future occupants would be unregistered with a local GP. 27. While the justification provided by the ICB refers to increasing patient lists, it is noted the centre is still accepting new patients. Moreover, there is no suggestion that existing or projected appointment wait times would be unacceptably long. In terms of what the money would be spent on, the information is again notably vague and provides for a range of possibilities, some of which might not help to meet demand arising from the appeal scheme. No specific refurbishment or reconfiguration schemes are referred to. There are no costings or timings or details of other sources of funding. Without this basic information, I cannot be sure the amount sought is proportionate or that the scheme (whatever it is) would be delivered when needed. In light of the foregoing, the health care contribution does not meet the statutory tests. 28. The second obligation of concern is the highway contribution of £345,000.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision According to the Council’s CIL Compliance Statement, the money would be spent on a segregated cycle link along Park Lane which it is said would mitigate the impact of development. However, it became apparent at the Inquiry that the Council has not quantified what that impact would be. The Highway Officer did however accept that the number of additional cyclists using Park Lane would be “small’. That being the case, there was no satisfactory explanation as to why Park Lane is unable to accommodate a small number of additional cycle trips. From my observations, Park Lane appears to be well suited to cycling given driven speeds and traffic volumes are relatively low. I am not therefore persuaded that the case for a segregated cycle lane has been made out by the Council. 29. Reference was also made to a potential new pedestrian crossing on Middlewich Road to improve access to the High School. There is already a facility near the Platt Avenue junction, but this would not be on the desire lane for children from the development most of whom are likely to use Park Lane. While I am more sympathetic to the idea of a pedestrian crossing, there are no scheme drawings or costings before me.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Without some basic details of what the crossing might look like, where it would be located, and how much it would cost, I cannot be sure the highway obligation, as currently drafted, meets the relevant legal tests. 30. The other obligations cover affordable housing, education, the community facility, outdoor and indoor sports, amenity green space, play provision and management https://www.gov.uk/planning-inspectorate 5

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Without some basic details of what the crossing might look like, where it would be located, and how much it would cost, I cannot be sure the highway obligation, as currently drafted, meets the relevant legal tests. 30. The other obligations cover affordable housing, education, the community facility, outdoor and indoor sports, amenity green space, play provision and management https://www.gov.uk/planning-inspectorate 5

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/25/3376597 of the open space. In all cases the CIL Compliance Statement sets out the detailed background and justification for each of the obligations. I am satisfied from the evidence before me that the obligations are necessary, directly related to the proposal and fair and reasonable in scale and kind to the appeal scheme. As a result, I have taken the obligations into account in forming the recommendation set out below. Conditions 31. The parties have suggested a number of planning conditions which I have considered against advice in the Planning Practice Guidance (PPG). In some instances, I have amended the conditions in the interests of brevity, to avoid repetition or to ensure compliance with the PPG. 32. To provide certainty, I have imposed standard conditions for outline permissions covering time limits, the reserved matters and the approved plans [Conditions 1-4]. A Construction Management Plan is necessary to ensure all aspects of the construction adhere to best practice and do not adversely affect the amenity of local residents [5]. Contaminated land conditions are necessary to ensure the land is suitable for a residential use [6-9].

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Conditions covering accessible building standards, renewable energy are all necessary to ensure compliance with the Council’s objectives in these areas [10-12]. A bio-diversity net-gain plan is necessary to ensure the development delivers the mandatory net gain for habitats and hedgerows [13]. A lighting scheme is necessary to mitigate the impact of development on bats [14]. A drainage condition is necessary to ensure satisfactory drainage and future maintenance of the site in the interests of flood prevention and to ensure the long-term viability of the ancient woodland [15]. Details of the cycle/pedestrian access points are necessary to ensure the site benefits from an acceptable level of connectivity [16]. An archaeology condition is necessary to protect any archaeological assets that may be present [17]. 33. I have omitted the condition requiring boilers to meet a certain specification as these matters are either covered under the Building Regulations regime or captured by other conditions. I have omitted several of the suggested conditions which request details which would be submitted as part of the reserved matters.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision I have omitted several of the suggested ecology conditions as the mitigation measures and enhancements sought are contained in the Ecological Impact Assessment, Arboricultural Impact Assessment and Badger Report and therefore already captured by condition 4. Finally, I do not consider it necessary to impose a condition specifying option A or B. I have found that both arrangements would be acceptable and this is therefore a matter for the Council to consider at the Reserved Matters stage. 34. Conditions 5, 6, 13, 15 and 17 are ‘pre-commencement’ form conditions and require certain actions before the commencement of development. In all cases the conditions were agreed between the main parties and address matters that are of an importance or effect and need to be resolved before construction begins. Planning Balance 35. The proposal would provide benefits in the form of housing delivery (up to 160 dwellings with 30% affordable). That alone must carry very significant weight in an area which is not delivering enough houses to meet the needs of its residents. There would be other notable community benefits including the delivery of a new https://www.gov.uk/planning-inspectorate 6

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/25/3376597 70-bed care home facility, a new community facility that would serve as a permanent home for the culturally significant Foden’s Band, publicly accessible open space including a countryside park, parkrun circuit and improved connectivity to the Wheelock Trail. Moreover, there would be economic benefits associated with the construction phase as well as expenditure in the local economy by future residents. Overall, the benefits carry very substantial weight. 36. On the other side of the balance, there would policy harm associated with the identified conflict with Policies PG6, PG13, PC1 and PC3. These conflicts carry only limited weight given the provisions of NPPF paragraph 11d). There would be some minor landscape and visual harm as well as limited harm from the loss of BMV land. These harms would be the inevitable consequence of any development on greenfield/BMV land which the Council accepts will be necessary if future housing targets are to be met. Accordingly, I give the environmental harms limited weight. 37.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — Appeal Decision Collectively the benefits listed above are of such magnitude that they clearly outweigh the identified harm and associated policy conflicts even on a ‘flat balance’ under section 38(6) of the Planning and Compulsory Purchase Act 2004. Conclusion 38. For the reasons given above the appeal should be allowed.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young INSPECTOR https://www.gov.uk/planning-inspectorate 7

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young INSPECTOR https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/R0660/W/25/3376597 APPEARANCES Cheshire East Council Andrew Byass of Counsel Daniel Evans Planning Officer, Cheshire East Council Andrew Goligher Highway Officer, Cheshire East Council Appellant Martin Carter of Counsel, he called: John Coxon BSc (Hons) Mplan MRTPI Emery Planning Nicholas Folland BA (hons) DIP LA CMLI Barnes Walker Limited Oliver McLaughlin BSc (Hons) MSc MIHT MTPS Astute Transport Planning Limited Ben Pycroft BA(Hons) Dip TP MRTPI Emery Planning Ltd Robin Grimes MICFor The Environment Partnership Elizabeth Seal BSc MSc CIEEM CEnv The Environment Partnership Interested Parties Tim Wheatcroft Sandbach Town Council Susan Gabrielsen Local Resident Adrian Mellin Local Resident Clare Longden Local Resident David Whitworth Local Resident Anthony Goddard Local Resident Steven Buckley Local Resident Matthias Bunte Cycling UK https://www.gov.uk/planning-inspectorate 8

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young Appeal Decision APP/R0660/W/25/3376597 INQUIRY DOCUMENTS | | Ref. | | | Document | | | --- | --- | --- | --- | --- | --- | | ID 1 | | | Appellant Opening Statement | | | | ID 2 | | | Statement of Adrian Mellin on land instability | | | | ID 3 | | | Statement of Adrian Mellin on groundwater flow | | | | ID 4 | | | Statement of Susan Gabrielsen on behalf of Bernard Williams | | | | ID 5 | | | Statement of Mr Buckley | | | | ID 6 | | | Statement of David Whitworth | | | | ID 7 | | | Highway Report | | | | ID 8 | | | CIL Compliance Statement Addendum | | | https://www.gov.uk/planning-inspectorate 9

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/R0660/W/25/3376597 SCHEDULE OF CONDITIONS 1) Details of the appearance, landscaping, layout, and scale, ("the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development takes place and the development shall be carried out as approved. 2) Application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3) The development hereby permitted shall take place not later than two years from the date of approval of the last of the reserved matters to be approved. 4) The development hereby permitted shall be carried out in accordance with the following drawings: A24022-P-0100-001 Rev A, 023-030-P010 and the recommendations in section 5 of the Ecological Impact Assessment version 1.1 dated September 2025, the Badger Technical Report and Arboriculture Impact Assessment October 2025. 5) Prior to the commencement of any development, a Construction Management Plan (CMP) shall be submitted to and approved in writing by the Local Planning Authority.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young Such a plan shall include details of the following: a) the parking of vehicles of site operatives and visitors (which shall take place within the application site only); b) loading and unloading of plant and materials; c) details of the storage of plant and materials used in the construction of the development; d) details of any piling required including, method (best practicable means to reduce the impact of noise and vibration on neighbouring noise sensitive properties), hours, duration, prior notification of occupiers of directly affected properties; e) details of the responsible person (site manager/office) to be contacted in the event of complaint and publicity arrangements; f) a Traffic Management Plan, including details of construction traffic routes and hours of deliveries (deliveries to the site shall only take place between the hours of 08:00-17:00) and construction traffic; g) waste management; there shall be no burning of materials on site during construction; h) a scheme to minimise dust emissions arising from demolition/construction activities on site.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young The scheme shall include details of all dust suppression measures and the methods to monitor emissions of dust arising from the development; i) details of temporary boundary treatments/hoardings to be erected on all boundaries and retained throughout the construction period; j) details of wheel washing facilities or other means to prevent mud being deposited on the highway. https://www.gov.uk/planning-inspectorate 10

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young The scheme shall include details of all dust suppression measures and the methods to monitor emissions of dust arising from the development; i) details of temporary boundary treatments/hoardings to be erected on all boundaries and retained throughout the construction period; j) details of wheel washing facilities or other means to prevent mud being deposited on the highway. https://www.gov.uk/planning-inspectorate 10

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young Appeal Decision APP/R0660/W/25/3376597 k) Details of the ancient woodland tree protection and management (including a dust management strategy and measures to prevent water pollution) Development shall thereafter only be carried out in accordance with the approved CMP, unless any variation to it is otherwise first agreed in writing by the Local Planning Authority. 6) No development (other than agreed demolition and site clearance works) shall commence until: (a) A Phase II ground investigation and risk assessment has been completed. A Phase II report shall be submitted to, and approved in writing by, the LPA AND: (b) If Phase II ground investigations indicate that remediation is necessary, a Remediation Strategy shall be submitted to, and approved in writing, by the LPA. 7) No part of the development hereby approved shall be occupied or in use prior to submission and approval in writing of a Verification Report. This shall be prepared in accordance with the Local Planning Authority approved Remediation Strategy that covers that part of the development or phase to be occupied or used.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young 8) (a) Any soil or soil forming materials to be brought to site for use in soft landscaping shall be tested for contamination and suitability for use in line with the current version of ‘Developing Land within Cheshire East Council – A Guide to Submitting Planning Applications, Land Contamination’ (in the absence of any other agreement for the development). (b) Prior to occupation, evidence and verification information for that part of the development or phase shall be submitted to, and approved in writing by, the Local Planning Authority. 9) If, during the course of development, contamination not previously identified is found to be present, no further works shall be undertaken in the affected area and confirmation of this shall be reported to the Local Planning Authority. Prior to any further works being carried out in the identified area, a further assessment shall be made and appropriate remediation implemented in accordance with a scheme agreed in writing by the LPA. 10) At least 30% of the dwellings in housing developments should comply with the requirements of M4(2) Category 2 of the Building Regulations regarding accessible and adaptable dwellings.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young 11) At least 6% of the dwellings in housing developments should comply with the requirement M4 (3)(2)(a) Category 3 of the Building Regulations regarding wheelchair adaptable dwellings. 12) Prior to the use of any facing or roofing materials in the development a scheme to secure at least 10 per cent of the predicted energy requirements for the development from decentralised and renewable or low carbon sources shall be submitted to and approved in writing by the Local Planning Authority unless the applicant can clearly demonstrate that having regard to the type of development and its design, this is not feasible or viable. The approved https://www.gov.uk/planning-inspectorate 11

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young 11) At least 6% of the dwellings in housing developments should comply with the requirement M4 (3)(2)(a) Category 3 of the Building Regulations regarding wheelchair adaptable dwellings. 12) Prior to the use of any facing or roofing materials in the development a scheme to secure at least 10 per cent of the predicted energy requirements for the development from decentralised and renewable or low carbon sources shall be submitted to and approved in writing by the Local Planning Authority unless the applicant can clearly demonstrate that having regard to the type of development and its design, this is not feasible or viable. The approved https://www.gov.uk/planning-inspectorate 11

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young Appeal Decision APP/R0660/W/25/3376597 measures shall be installed prior to the development first being brought into use and thereafter retained. 13) Prior to commencement of development a Biodiversity Gain Plan is to be submitted and approved by the planning authority. The Biodiversity Gain Plan is to include the following: a) information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat, b) the pre-development biodiversity value of the onsite habitat, c) the post-development biodiversity value of the onsite habitat, d) any registered offsite biodiversity gain allocated to the development and the biodiversity value of that gain in relation to the development, e) any biodiversity credits purchased for the development, and f) such other matters as the Secretary of State may by regulations specify. The development shall only be carried out in accordance with the approved Biodiversity Gain Plan and the submitted Biodiversity Gain Plan to demonstrate compliance with Part 1of Schedule 7A of the Town and Country Planning Act 1990.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young 14) Prior to the installation of any external lighting on the site, a lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall reflect the Bat Conservation Trust Guidance Note 08/18 (Bats and Artificial Lighting in the UK) and shall consider both illuminance (lux) and luminance (candelas/m²). It shall include dark areas and avoid light spill upon bat roost features, bat commuting and foraging habitat (boundary hedgerows, trees, watercourses etc.) aiming for a maximum of 1lux light spill on those features. The scheme shall also include a modelled lux plan, and details of: • Proposed lighting regime; • Number and location of proposed luminaires; • Luminaire light distribution type; • Lamp type, lamp wattage and spectral distribution; • Mounting height, orientation direction and beam angle; • Type of control gear. The development shall be implemented in full accordance with the approved lighting details. 15) Prior to commencement of development, the developer shall submit a revised drainage scheme to the Local Planning Authority for approval in writing.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young The revised drainage scheme shall be in accordance with the Lees Roxburgh Flood Risk Assessment with Outline Drainage Strategy reference 6747/R1 April 2025 and shall incorporate additional SuDS in addition to the proposed SuDS pond, all private driveways must be of permeable construction and tree pit planters with defined drained areas must be incorporated in visually https://www.gov.uk/planning-inspectorate 12

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young The revised drainage scheme shall be in accordance with the Lees Roxburgh Flood Risk Assessment with Outline Drainage Strategy reference 6747/R1 April 2025 and shall incorporate additional SuDS in addition to the proposed SuDS pond, all private driveways must be of permeable construction and tree pit planters with defined drained areas must be incorporated in visually https://www.gov.uk/planning-inspectorate 12

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young Appeal Decision APP/R0660/W/25/3376597 prominent positions. The drainage scheme must also include the following details: i. Discharge rate to be 2.8l/s/ha for the net developable area (all open green spaced areas not to be included within the maximum development discharge rate) ii. Details of hydraulic design up to 1%AEP Storm Event in accordance with Gov.uk Climate Change Allowances iii. If calculations show flooding on site, that developments/properties will be safe iv. Designed in accordance with the drainage hierarchy (Non-Statutory SuDS Technical Standards Guidance (2016) Paragraph 3.7) v. Provision of pipe diameters, slope angles, cover levels and invert levels vi. Demonstrates that foul and surface water drain via separate systems vii. Provision of hydraulic modelling for all storm durations, detailing the critical storm duration, from 15 minutes to 10-day, with the 1%AEP Storm Event also utilised viii. Provision of full management and maintenance schedule for the drainage strategy to cover the lifetime of the development, including contact details of the responsible party and any inspection and test plans. ix.

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Land off Crewe Road, Sandbach, CW11 1EW — Cheshire East — D M Young Urban creep allowance of 10% for privately drained areas The development shall only proceed in accordance with any approved details. 16) Each Reserved Matters application shall include detailed drawings of the pedestrian/cycle access points onto Hind Heath Lane, the Wheelock Rail Trail and Park Lane (x 2) together with a timetable for implementation. The approved details shall be implemented in accordance with the approved timetable. 17) (a) Prior to commencement of development, a written scheme of archaeology investigation shall be submitted to the Local Planning Authority for approval in writing. The development shall only be undertaken in accordance with the approved details. (b) Prior to the first occupation of the development hereby approved, an archaeological report shall be submitted to and be approved in writing by the Local Planning Authority. https://www.gov.uk/planning-inspectorate 13

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Housing land supply
Against appellant
¶2

The Council's inability to demonstrate a five-year supply of deliverable housing sites rendered the relevant policies out-of-date and engaged the 'tilted' balance in paragraph 11d) of the NPPF.

Character and appearance
Against appellant
¶10

The development would result in a moderate/minor adverse effect on landscape character resulting from a loss of openness.

Highway safety
For appellant
¶17

The proposed development would not pose an unacceptable highway safety risk due to the design of the access and the lack of recorded accidents in the vicinity of the school.

Agricultural land
Against appellant
¶19

The loss of Best and Most Versatile (BMV) agricultural land would not be significant for the purposes of NPPF footnote 65.

Flood risk
Neutral
¶15

The development would require a revised drainage scheme to be submitted to the Local Planning Authority for approval in writing.

Ecology and biodiversity
Neutral
¶23

The development would require a Biodiversity Gain Plan to be submitted and approved by the planning authority, which would include measures to minimize the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat.

Policies relied on

Reference Weight
NPPF 208
Determinative
NPPF 11d
Determinative
LP PG6
Limited
LP PG13
Limited
SNP PC1
Limited
SNP PC3
Limited

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 13 pages, issued by the Planning Inspectorate on 9 April 2026 under the Open Government Licence.