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Planning appeal decision

Notice varied and upheld10 February 20223283215

Land off Nantwich Road, Wimboldsley, CW10 0ND

Planning appeal 3283215 at Land off Nantwich Road, Wimboldsley, CW10 0ND (Cheshire West and Chester) was allowed in part (a split decision) on 10 February 2022 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was correctly served in accordance with Section 172 of the Town and Country Planning Act 1990.

as follows: ‘The material change of use of the land to a Gypsy and Traveller residential caravan site with associated domestic structures, fencing, walls, entrance pillars, hardstanding and the siting of construction/demolition related waste materials

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Major traveller and caravan pitches
Inspector
Wharton T
Postcode
CW10 0ND

Main issues, as the Inspector framed them

  • Whether the enforcement notice was correctly served in accordance with Section 172 of the Town and Country Planning Act 1990
  • Whether the compliance period of 12 months is reasonable

What decided it

The Inspector's assessment that a 21-month compliance period for residential relocation was a reasonable compromise that would allow families adequate time to relocate while still safeguarding the HS2 route, whereas 12 months was insufficient given the appellants' personal and health circumstances.

What the Inspector cited

Development plan policies
Policy SOC 4Policy STRAT 9

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

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More decisions in Cheshire West and Chester

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

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  2. Split Decision27 April 20263376531
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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.