Council wins unauthorised caravan site planning appeal

Cheshire East Council has won a planning appeal in the case of an unauthorised caravan site set up on green belt land.

The appeal was brought by the owner of the Mobberley site, following enforcement action by the council and a subsequent planning inquiry.

The owner – Mr Michael Maloney, who appealed against the council’s enforcement action – is required to remove all caravans and motorhomes, vehicles, plant, machinery, toilet blocks and septic tanks and to stop using the land as a residential caravan site. He must also remove gates and fencing, all services to the site and restore the land with seeded topsoil after removing all the hardstanding area.

Mr Maloney had argued there were special circumstances to justify the development, including the need for Gypsy and Traveller sites. Cheshire East Council had argued it was a material change of use of green belt land, in breach of national and local planning policy and did not have planning permission.

In his report, just published, planning inspector Roy Merrett, said: “…the development, both as existing and proposed, results in significant visual harm to the character and appearance of the countryside.”

He also rejected the appeal on the grounds of aircraft noise, due to its proximity to Manchester Airport, saying that noise will increase as airport activity returns to normal levels, following the pandemic, and this could have long-term health impacts on the families and their children living in caravans with no sound insulation.

Councillor Mick Warren, chair of Cheshire East Council's environment and communities committee, said: “This has been a difficult site for the council and local residents but it is good to see that the inspector has supported the council’s approach to protect the borough’s green belt, and our communities, from unauthorised development. 

“The council is pressing ahead with its plans for an official Gypsy and Traveller site in the borough and we hope that this will, at least, provide some scope for the traveller community to have a place to stay, albeit on a temporary basis.”

The planning inquiry, held in Macclesfield, had been told that Mr Maloney and his family had to move away from their previous home in Essex after serious incidents and disputes with another traveller family. He has been given 14 months in which to comply with the inspector’s findings.

Local ward member, Councillor Charlotte Leach, said: "I am delighted with the outcome of this appeal. This decision gives the local community some certainty that Mr Maloney has very much reached the end of the road with this unauthorised development.

"It has certainly been a long journey to get to this point, but I am confident that we are nearly at the finish line here in ensuring the site can be returned to its original condition."

The planning inspector’s report can be viewed here:

Cheshire East Council planning portal