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Notice varied and upheld29 September 20223279304

Chisnall House Farm Croston Lane, Charnock Richard, Chorley, PR7 5HJ

Planning appeal 3279304 at Chisnall House Farm Croston Lane, Charnock Richard, Chorley, PR7 5HJ (Chorley Borough Council) was allowed in part (a split decision) on 29 September 2022 by Inspector Savage M, following an inquiry. The main issue, as the Inspector framed it: Whether the matters alleged in the notice, if they occurred, constitute a breach of planning control (ground (c)).

Unauthorised material change of use of land and associated unauthorised operational development and storage to facilitate that unauthorised material change of use to a permanent Racetrack and Recreational Motorcycle Track

Authority
Chorley Borough Council
Appeal type
major · Enforcement Notice
Procedure
Inquiry
Development
leisure-sport · Change of use
Inspector
Savage M
Postcode
PR7 5HJ

Main issues, as the Inspector framed them

  • Whether the matters alleged in the notice, if they occurred, constitute a breach of planning control (ground (c))
  • Whether the use benefits from immunity from enforcement action by the passage of time (ground (d))
  • Whether the requirements of the notice exceed what is necessary to remedy the breach of planning control or any injury to amenity (ground (f))

What decided it

The appellants failed to demonstrate, on the balance of probabilities, that the permanent motocross use had continued without significant interruption for the requisite 10-year immunity period, as the pre-2020 use was found to be a temporary use protected by GPDO Part 4 Class B.

What the Inspector cited

Judgments
Tidswell v Secretary of State for the Environment & Thurrock BC [1977] JPL 104; Fayrewood Fish Farms Ltd v Secretary of State for the Environment [1984] J.P.L 267; Swale BC v First Secretary of State [2005] EWCA Civ 1568; Thurrock BC v SSETR [2002] EWCA Civ 226; Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Somak Travel Ltd v Secretary of State for the Environment [1987] J.P.L 630; Kestrel Hydro v Secretary of State for Communities and Local Government [2016] EWCA Civ 784

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in Chorley Borough Council

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

  1. Notice varied and upheld11 March 20263346222
    Sandons Farm Sandy Lane, Adlington, Chorley, PR7 4JT
  2. Notice upheld20 June 20253353067
    Land Lying to the North of Trafalger Street , Preston Street , Chorley, Lancashire , PR7 1HE
  3. Quashed On Legal Grounds20 June 20253331713
    72 Church Lane, Charnock Richard, Nr Chorley, Lancashire, PR7 5NA
  4. Quashed On Legal Grounds21 May 20253334083
    Breworth Fold Farm Marsh Lane, Brindle, Chorley, PR6 8NZ
  5. Planning permission granted1 May 20253345673
    274 Babylon Lane, Heath Charnock, Chorley, PR6 9ER

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.