Honeyend Farm, Carrs Lane, Tattenhall, Chester, CH3 9NT

Planning appeal 3280819 at Honeyend Farm, Carrs Lane, Tattenhall, Chester, CH3 9NT (Cheshire West and Chester) was dismissed on 22 November 2021 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded.

– Certificate of Lawfulness of Existing Use or Development to confirm the current residential dwelling was not carried out pursuant to planning permission reference 6/12775

Authority: Cheshire West and Chester
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Moore D
Postcode: CH3 9NT

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded

What decided it

The appellants failed to demonstrate on the balance of probability that the dwelling was erected contrary to the terms and conditions of the planning permission by reference to fixed physical features and the reasonable interpretation of the approved plans.

What the Inspector cited

Judgments: Trump International Golf Club Scotland Ltd v the Scottish Ministers [2015] UKSC 74; Slough Estates v Slough BC (No 2) [1970] 2WLR 1187; Barnett v SSCLG & East Hampshire DC [2009] 1 P&CR 24; R v Ashford BC ex parte Shepway BC [1998] EWHC 488 (Admin); Wood v SSCLG & the Broads Authority [2015] EWHC 2369 (Admin); Kemball v SSCLG [2015] EWHC 3338 (Admin); University of Leicester v SSCLG & Oadby & Wigston BC [2016] EWHC 476 (Admin)

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.

See how each was applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

1 other decided appeal within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in Cheshire West and Chester

The authority’s record since 2016 · every decision in 2021

Notice upheld22 July 20263349074
The Cedars, Towers Lane, Alvanley, Frodsham, Cheshire, WA6 0LG
Split Decision27 April 20263376531
The Barnyard, Marsh Lane, Kings Marsh, Chester, CH3 6NG
Split Decision27 April 20263376530
The Barnyard, Marsh Lane, Kings Marsh, Chester, CH3 6NG
Notice upheld15 April 20263375569
Rushmere Lodge, Beauty Bank, Whitegate, Winsford, Cheshire, CW8 2BP
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.