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Land east of Willington Road, Duddon – Cheshire West and Chester Council

Project Overview

Emery Planning was instructed by a private client to secure Permission in Principle (PiP) for a small residential development in Duddon, Cheshire. The proposal sought consent for one to five new dwellings on a sustainable edge-of-settlement site to help contribute towards Cheshire West and Chester’s housing supply.

The Site

The application site comprises a parcel of grazing land located to the east of Willington Road, immediately adjacent to the settlement boundary of Duddon, a designated Local Service Centre within the Cheshire West and Chester Local Plan. The site is located within the open countryside but benefits from close proximity to local services and amenities, including Duddon St Peter’s Primary School, public transport links and community facilities. The site borders two Grade II listed buildings, Duddon Old Hall and The Linhay.

The Proposal

The application sought Permission in Principle for between one and five dwellings. Under the Permission in Principle process, consideration is limited to the suitability of the site’s location, land use and the amount of development proposed, with detailed matters reserved for a subsequent Technical Details Consent application. The proposal was promoted as a sustainable opportunity to deliver much-needed housing in a borough experiencing a significant shortfall in housing land supply

Key Planning Challenges

The principal challenge was that the site lies within the open countryside, where new market housing would not ordinarily be supported by the development plan. The proposal therefore conflicted with a number of local planning policies.

In addition, the site’s proximity to two Grade II listed buildings required careful consideration of potential impacts on the heritage assets and their settings.

To address these issues, Emery Planning demonstrated that the site is in a sustainable location adjacent to an established settlement and that the proposal would contribute towards housing delivery at a time when Cheshire West and Chester Council could not demonstrate a five-year housing land supply. A detailed heritage assessment also confirmed that the development could be accommodated with neutral harm to the significance and setting of the neighbouring listed buildings.

Outcome

Cheshire West and Chester Council granted Permission in Principle for between one and five dwellings. In reaching its decision, the Council concluded that the site’s sustainable location and the benefits associated with delivering new housing outweighed the identified policy conflicts relating to countryside development.

The authority also accepted that the principle of the location, land use and the amount of development is considered capable of not resulting in harm to the setting of the listed buildings, with detailed matters to be considered through the Technical Details Consent process.

The approval represents a positive outcome for the client and demonstrates how sustainably located sites can successfully come forward to help address housing needs, even where proposals fall outside established settlement boundaries.

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Latest testimonials

“When we put our first planning application into Warrington Borough Council it took us 1 and half years to see progress. That's when we contacted Emery planning and our case was handed over to Louise Whinnett. She was highly professional and very thorough in detailing to micro level. The way she communicated with local authority officials was commendable. Local authority official started responding after Louise took over and our planning was approved with in few weeks. We didn't think twice when we applied for our second planning application. She kept us informed as to what was happening and followed up with the local authority regularly. She knew exactly what she was doing, she would answer all our queries very patiently. And we got planning approved within 6 months. Louise did an amazing job and we would very highly recommend Louise to our friends and family. Thank you once again Louise.”
“I am writing with regards to my recent experience with Emery Planning in particular Senior Planning consultant Sarah Sands. Our architect had worked with Cheshire East Planning and got to the point of being asked to withdraw or request a refusal of our planning application. We reached out to Emery, who worked tirelessly to push our application through to a successful approval. It was Sarah’s comprehensive knowledge & experience that overturned all the 4 challenges that Cheshire East had presented to us. Sarah pulled a strong, fully armed statement of facts supported by regulations and case law that Cheshire East had no alternative but to approve our application. I would fully recommend anyone at the same crossroads of being ask to accept a refusal or withdraw an application, that they reach to Emery to fight the battle."
“I have dealt with Helen as an Emery planning consultant for around 9 years. I would guesstimate Helen has represented me on at least 8 jobs, 3 involving applications of over 125 housing units. Each application has had issues, I use the term issue lightly, issues way beyond what I could deal with myself, issues that started off as a puzzle and turned into a conundrum. The latest project involving two huge buildings on land that was designated “Area of Separation” was not easy. I now have a café, education centre, polytunnel and an agricultural building. When this was first mentioned to the planners we received a forty point list of why it had no chance of happening. What I have received in the past 9 years is exceptional and I thank you from the bottom of my heart for doing what you do.”
“We have consulted Gareth Salthouse of Emery Planning on numerous planning applications in recent years and would not hesitate to recommend his services. Navigating the ever-changing planning process can be taxing for even experienced developers but Gareth empathetically guides you through offering specialist advice and considered strategies. He speaks with authority and is clearly well respected by planning officers. His knowledge, composure and attention to detail are second to none and we look forward to working with him on current and future schemes”
“We have worked with Emery Planning over many years as we have expanded our small family run business. Many of the planning situations we found ourselves in were complex being situated in the Green Belt and in one case having to defend ourselves from a Compulsory Purchase Order. Their help, guidance and support has been invaluable and always yielded a positive outcome, most recently in the winning of an appeal to the Inspectorate which the LA had twice refused. I can’t recommend them highly enough.”
Sarah, It has been a pleasure to work with you so far, great recommendation from my mother-in-law.
Sarah, thank you for all your hard work in getting another positive decision over the line.
Thank you very much for this prompt response and extremely helpful narrative summary, explanation and proposal. The contact who recommended your company was spot on!
May I thank you for leading and choosing the team, & in what feels like extra time in this saga, asking our Barrister to come on board & professionally guide you & and everyone involved, to success. As you know, the journey started many years ago now, & those leading the charge are no longer with us. I know that they will be very grateful for your tenacity & focus. On to the next stage now. I hope you are all proud of the fact that your expertise has been rewarded. Thank you for the commitment & professionalism you have all shown. I, for one, have learnt a lot.
Absolutely incredible news thank you all so much! Great Work Everyone
Thanks for all your hard work for us this year, your calm and consistent approach has been an important part of our appeal successes
I would like to thank the team dealing with our request for all the information and regular updates during the process.
About Emery Planning

We are an independent town planning consultancy established in 2002. Based in Macclesfield, Cheshire, our work is primarily focused in the North West although we also operate in locations across the UK.

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