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Dismissed4 February 20223283590

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

Planning appeal 3283590 at Sudlow Farm Sudlow Lane, Tabley, Knutsford, WA16 0TN (Cheshire East) was dismissed on 4 February 2022 by Inspector Russell M, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
WA16 0TN

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.

The decision letter

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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.

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