Emery Planning has secured outline planning permission, on appeal, for the construction of two detached infill dwellings within the Green Belt on Summerhill Road, Prestbury following a hearing into the case being held by the Planning Inspectorate. The appeal was allowed on the grounds that the construction of two houses would be infill development between an existing house, No.9 Summerhill Road, and the recently constructed new Kings School complex. The council argued that the gap was too large to be considered a ‘relatively small gap between existing buildings’ as defined in the Local Plan (143 metres between buildings – 109 metre wide plot). However, the council accepted that the size of the proposed plots were comparable with others in the immediate vicinity. The Inspector agreed that the proposal would represent limited infilling of a relatively small gap within a village. On that basis it was concluded that the proposal would not be inappropriate development in the Green Belt and allowed the appeal. The decision follows an earlier appeal for infill on the same site that was dismissed at appeal prior to the Kings School Development taking place. This new permission was pursued on the basis that following commencement of the construction of Kings School it was now evident on the ground that there had been a material change in circumstances sufficient to allow this Inspector to deviate from his colleague’s previous findings, notwithstanding the permission for Kings School existed when the previous appeal was being dealt with.