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Quashed On Legal Grounds10 March 20223278946

Property and Land Adjacent to St Peters Church, Church Lane, Huxley, Chester, CH3 7RN

Planning appeal 3278946 at Property and Land Adjacent to St Peters Church, Church Lane, Huxley, Chester, CH3 7RN (Cheshire West and Chester) was decided (quashed on legal grounds) on 10 March 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance.

without planning permission, the material change of use of the land from agricultural use to residential use by the siting of a mobile home

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Moore D

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance

What decided it

The enforcement notice does not specify with sufficient clarity the alleged breach of planning control and the steps required for compliance, and the Inspector's powers of correction under section 176(1) could not be exercised without causing injustice.

The decision letter

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More decisions in Cheshire West and Chester

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld22 July 20263349074
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  2. Split Decision27 April 20263376531
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  3. Split Decision27 April 20263376530
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  4. Notice upheld15 April 20263375569
    Rushmere Lodge, Beauty Bank, Whitegate, Winsford, Cheshire, CW8 2BP
  5. Planning permission granted23 March 20263354908
    The Lodge, Heath Lane Nurseries Heath Lane, Willaston, Neston, CH64 1TP

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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