Freddie Humphreys acting on behalf of Mobberley Parish Council has successfully secured the dismissal of a planning appeal for a mixed use development including up to 375 houses in Mobberley, Knutsford, Cheshire. The case was a somewhat unusual one in that the central issue was the outdoor amenity of new residents. The issue arose due to the site being located close to the take off/landing zone of Manchester Airport’s runway 2. The parties to the inquiry were in agreement that a sufficient level of mitigation could be provided to protect the indoor amenity of future residents but there was disagreement regarding outdoor amenity. Inspector Mark Dakeyne concluded on this issue:

“I do not consider that the mitigation would be effective or could be secured by conditions. Significant adverse effects on quality of life would not be avoided.”

The Council could not demonstrate a 5 year housing land supply but the Inspector determined that the unacceptable noise impacts would significantly and demonstrably outweigh the benefits of the scheme and so dismissed the appeal.

To view a copy of the Appeal Decision click here

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