Urgent powers used for Wilmslow planning application to 'avoid unnecessary legal costs'


The Chief Executive of Cheshire East Council has removed two of the reasons given by the Northern Planning Committee for refusing a Wilmslow Planning application using urgent powers.

In February, Churchill Retirement Living were declined planning permission (ref 22/2347M) to demolish two detached homes at 17 & 19 Holly Road South and replace them with 34 retirement apartments for the over 60s.

The three storey building contained 23 one, 10 two-bed and a three-bedroom apartment along with 16 parking spaces and communal facilities.

The scheme was refused in February for the following reasons:

  • The proposals fail to provide on-site affordable housing or open space and does not provide a mechanism to secure requisite affordable housing, health and open space and recreation contributions towards off site provision.
  • Insufficient information has been submitted with the application in order to assess adequately the impact of the proposed development on existing trees on site.
  • The proposed development would result in a lack of on site parking which would lead to on street parking pressure in the vicinity of the site to the detriment of the free flow of traffic.

Churchill Living subsequently lodged an appeal against Cheshire East Council for refusing planning permission and, in an unusual move, the Chief Executive has removed the two reasons relating to lack of parking and failure to provide on-site affordable housing or open space.

A spokesperson for Cheshire East Council said: "Acting under urgency powers, and following consultation with the relevant officers and councillors, the chief executive took the decision to authorise the removal of reasons numbered one and three from the determined planning application 22/2347M.

"The applicant has lodged an appeal against the council's decision to refuse planning permission. This appeal was accepted by the Planning Inspectorate as due for public inquiry.

"Following the council's refusal of permission on 15 February 2023, the council's highways officers undertook survey work in relation to reason for refusal number three (lack of parking) and concluded that the evidence suggests the parking provision is acceptable.

"Following discussions with the applicant and the council's appointed consultant, in an attempt to find an agreed position in relation to viability (reason for refusal number 1), an agreed position has been reached to overcome the reason for refusal.

"The decision to use urgency powers was taken to act swiftly to avoid unnecessary legal costs against the council resulting from a planning appeal."

In March, Churchill Living submitted another planning application for the demolition of 17 & 19 Holly Road South and erection of 33 retirement living apartments including lodge managers office and reception, communal facilities, guest suite, car parking and landscaping.

This latest application (ref 23/0853M) is scheduled to be determined by the planning committee on July 7th.

Churchill Retirement Living