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Quashed On Legal Grounds10 August 20223292334

The Property and Associated Land at Dairy House Farm, Holmes Chapel Road, Sproston, CW4 7LP

Planning appeal 3292334 at The Property and Associated Land at Dairy House Farm, Holmes Chapel Road, Sproston, CW4 7LP (Cheshire West and Chester) was decided (quashed on legal grounds) on 10 August 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is invalid because it fails to specify with sufficient clarity the period for compliance with the requirement to cease the unauthorised use.

without planning permission, the material change of use of the Land from agriculture to a mixed use of agriculture and the deposit, storage and processing of waste material

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
minerals-waste · Change of use
Inspector
Moore D
Postcode
CW4 7LP

Main issues, as the Inspector framed them

  • Whether the enforcement notice is invalid because it fails to specify with sufficient clarity the period for compliance with the requirement to cease the unauthorised use

What decided it

The enforcement notice fails to specify with sufficient clarity the period for compliance and cannot be corrected without causing injustice to the appellant, as the necessary corrections would affect two of three requirements and associated timescales.

The decision letter

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

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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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