A BUSINESSMAN is contesting a planning appeal ruling that he must remove a large marquee from the grounds of his historic property in Hale Barns within two weeks.

Mohammed Isaq says he will go to the High Court to fight a planning inspector’s order to take down the 500-capacity marquee from Davenport Green Hall, a listed building which is on Green Belt land on Shay Lane.

The marquee - which was erected in 2008 without planning permission - is a venue for weddings and other functions. Neighbouring residents have made 36 complaints to the council about noise and traffic congestion since it was put up.

Reaching his decision on May 17, the inspector, Derek Thew, backed enforcement action taken by Trafford Council in 2010 to get the marquee removed.

The planning inspector’s report said the marquee and other structures, including two toilet blocks and two catering tents “is inappropriate development on the Green Belt.”

It continued: “This development undermines the most important attribute of Green Belt, namely its openness,” and he considered “the marquee is currently harmful to the visual amenity of the area.”

He accepted there were factors in favour of retaining the marquee - including social and economic benefits - but concluded that these did not outweigh the harm the development caused to the Green Belt “and its adverse impact upon the setting of Davenport Green Hall.”

After the hearing, Mr Isaq, who bought the hall four years ago, told the Messenger: “I am very sad about the decision. We are appealing to the High Court.”

He had a series of meetings about the issue lined up this week and added: “I am hoping to work very closely with the council, the residents and bodies like English Heritage to reach a mutually beneficial resolution.”

He said the marquee would remain in place until the appeal is heard.

He said the effect on his business would be ‘minimal’. He has planning permission to use a barn on the land, the Cheshire Barn, for weddings and functions.

But he claimed it could wreck plans to carry out urgently needed structural repairs on Davenport Green Hall, a seventeenth century farmhouse.

The planning report said the estimated cost of repairs is £332,000, but Mr Isaq claimed more recent figures put the cost at nearly £700,000, and income from events held in the marquee was needed to cover the cost of these repairs.

Executive councillor Mike Cornes said: "I am delighted that the planning inspector dismissed the appeal and found in favour of the council on all the issues raised by the applicant. This demonstrates that we will not tolerate unauthorised development on any scale and will take the necessary action."