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

– 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

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.

Judgments cited: 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)

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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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