Enforcement notice requiring the removal of unauthorised stable block in Chester’s Green Belt has is backed by an independent planning inspector.

Dec 31 2009 by David Norbury, Chester Chronicle

AN ENFORCEMENT notice requiring the removal of an unauthorised stable block in Chester’s Green Belt has been backed by an independent planning inspector.

The appeal arose on land adjacent to Newlyn, Parkgate Road, Saughall, where Cheshire West and Chester Borough Council served the notice on Mrs Rachel Lowe and Mr Nigel Lowe on June 1 this year.

The notice required the 11m by 5.5m building at the rear of the house to be taken down and the site cleared within six months.

An appeal was made and inspector John Whalley was appointed.

The family argued the stable was used in connection with the occupation of Newlyn itself and did not need permission as it was under 4m high and a sufficient distance from the boundaries of the property and from Parkgate Road.

The borough council argued it was not within the residential curtilage and could not be permitted development.

Mr Whalley comments he had to decide ‘on little evidence’ the extent of the curtilage.

The family bought it with the house and saw it as part of their garden, but the inspector says that does not necessarily define the curtilage.

He concluded there was insufficient information it was within the curtilage.

Mrs Lowe insisted the stable was needed to shelter her daughter’s pony which had colic and this amounted to very special circumstances.

The inspector said, however, there was a large stable at Newlyn, used for storage, which would be adequate.

He dismissed the appeal on Green Belt grounds.