In September 2019 a planning application was submitted for a building at an established horticultural nursery in Cheshire. The proposed steel portal frame building was not dissimilar to existing buildings at the nursery – to be used for all manner of activities regarding the nursery operation, including the packaging and dispatch of orders. However, the Local Planning Authority (Cheshire East) took the view that the building was not going to be a horticultural building but a building for storage and distribution (Use Class B8). The nursery is in the Green Belt and the Council’s approach was that the building would not acceptable development in the Green Belt – agricultural/horticultural buildings are of course an exception which are not inappropriate development in the Green Belt. The application was refused by the Council and an appeal was subsequently submitted along with an application for costs on the basis that the Council had been unreasonable in refusing the application (and so giving the applicant no option but to appeal).
The appeal has been successful and likewise the application for costs. The applicant is very pleased with the outcome, albeit most disappointed that a year has been lost to gain the consent which in reality should not have needed to be contested at appeal.
For more details regarding planning applications and appeals please see our information sheets or contact your local Acorus office.
