AN appeal over a controversial planning application for land in Mobberley begins this week.

Tomorrow, Tuesday, March 1, a public inquiry will take place after Michael Maloney appealed Cheshire East council's decision to reject his application for a change of use to allow three Gipsy/Traveller pitches on the land off Broadoak Lane.

Mr Maloney was handed a suspended prison sentence in May 2021 after he was found guilty of 10 allegations of contempt in relation to injunctions taken out by the council in relation to he matter.

Along with members of his family, he moved onto the site without planning permission in August of 2020 following an arson attack at their previous home four months earlier.

The council obtained an interim injunction from the High Court to prevent further work and additional caravans or materials moving onto the site.

But despite the order, work carried on and additional caravans moved onto the land.

The original planning application, made retrospectively by My Maloney, had been for three pitches, but it was refused by the council due to the adverse impact it would have on the land's green belt status.

That original application stated the site was to accommodate three family groups and a total of 10 people, but was eventually occupied by 40 people living in 13 caravans.

However, the number of caravans was eventually reduced to eight, in accordance with one of the injunctions.

In documents made public ahead of the three-day appeal, Paul Wakefield, a planning team leader at Cheshire East, said: "This level was chosen as the status quo, such that the state of the site did not deteriorate further pending the council’s use of its other enforcement powers.

"This level does not represent an acceptable level or a level which was endorsed by the court as acceptable.

"The council’s position was, and remains, that the site should not be used for the siting of any caravans."

There is also concern about the noise levels on the site, particularly those caused by planes taking off and landing at nearby Manchester Airport.

"Within the site, all outdoor areas will be subject to very high levels of transportation noise," Mr Wakefield added.

"These noise levels are likely to keep the children awake, disturbing their sleep, which can impact upon a child’s physical and mental wellbeing.

"I do not consider the site to be a suitable environment to be considered in the best interests of the child."

The inquiry at Macclesfield Town Hall is scheduled to last for three days.