Sudlow Farm Sudlow Lane, Tabley, KNUTSFORD, WA16 0TN

Variation of condition 2 on approval 16/4086M for demolition of agricultural buildings, conversion and extension of two barns into 7 dwellings with garages’ without complying with a condition attached to planning permission Ref 16/6071M, dated 1 March 2017

Authority: Cheshire East
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Russell M

Main issues, as the Inspector framed them

Whether an application seeking to vary or remove a condition under Section 73A of the Act is the appropriate mechanism in which to consider the proposal and, if so, whether the proposal would comply with the development plan for the area

What decided it

Varying the condition would fundamentally alter the original planning proposal by conflicting with the explicit demolition requirement in the development description, which goes beyond the powers of Section 73 of the Act.

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