Councillors refuse application seeking to double the number of days Chells Hill can be used by motocross riders

By Belinda Ryan - Local Democracy Reporter

30th Jun 2023 | Local News

The site at Chell Hill. (Photo: Google)
The site at Chell Hill. (Photo: Google)

Cheshire East has refused permission for a countryside site near Church Lawton to be used up to 56 days a year for motocross because of the noise impact on residents.

At present the land, which is east of Chells Hill, can be used for 28 days without planning permission under permitted development rights.

The owner applied to the council for permission to double that to 56 days and for the retention of hardstanding and access, access enhancements and associated works.

But neighbouring ward councillor Patrick Redstone (Con) told the southern planning committee this week that the noise already impacts on residents for 28 days and if the application was approved 'you're going to cause anguish to a large group of people who have done nothing wrong'.

The applicant's agent, James Warrington, argued, if permission was granted planning controls could be imposed.

"[The application] offers an opportunity to impose some controls which are currently not in place for the 28 days," he said.

"So, whilst it would be doubling the usage of the site you actually have the ability, through planning conditions, to impose controls on the number of vehicles, noise mitigation measures… and things that could be enforced against, whereas to refuse the application, you'd be back to the allowance of the permitted development rights, which is 28 days per year where there's no such restrictions or conditions in place."

The agent said technical assessments on the noise had been submitted to the council.

"It demonstrated, and the environmental health officer agreed with this, that with mitigation measures in place the extra usage of the site would be acceptable," he said, adding the conditions would be enforceable.

Cllr Andrew Kolker (Dane Valley, Con) said: "I'm just curious why the applicant hasn't implemented these measures already, so that they come to this committee with the support of the neighbouring ward councillor and residents, who would presumably say that yeah this is a really responsibly run track and they've put in the noise mitigation measures, it causes no nuisance at all."

The agent said he couldn't comment on that but added: "I suppose the point is, at the moment, there's no requirement to do so."

Planning officer Daniel Evans told the committee he didn't agree the mitigation measures suggested were enforceable.

"How officers are meant to monitor when somebody arrives and their bike doesn't meet certain standards in terms of engine size, silencers, the number of people on the site, I would say it's not enforceable and that's one of the reasons why we're refusing it on amenity grounds," he said.

Cllr Janet Clowes (Con) said there had been a similar application in her Wybunbury ward a few years ago and the conditions could not be enforced.

"The noise is extraordinary in the sense that you can't predict it, you're never quite sure when it's going to happen," she said.

"It was basically destroying people's weekends. They couldn't go out in their gardens."

Cllr Clowes proposed refusal and this was seconded by Brereton councillor John Wray (Con).

The application was unanimously refused.

The four grounds for refusal included it is inappropriate development in the green belt and it would have a detrimental impact upon residential amenity due to noise and disturbance generated.

     

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