®Planning appeal decision
2 Brookvale Close, Burtonwood, Warrington, WA5 4LP
Planning appeal 3292387 at 2 Brookvale Close, Burtonwood, Warrington, WA5 4LP (Warrington Borough Council) was allowed in part (a split decision) on 3 October 2022 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice has occurred (ground b).
Material change of use of dwelling to a mixed use as a dwellinghouse and dog keeping and breeding
- Authority
- Warrington Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Boffin D
- Postcode
- WA5 4LP
Main issues, as the Inspector framed them
- Whether the breach of planning control alleged in the enforcement notice has occurred (ground b)
- Whether the matters alleged constitute a breach of planning control (ground c)
- Whether the steps required by the notice exceed what is necessary to remedy the breach or injury to amenity (ground f)
- Whether the time given to comply is too short (ground g)
What decided it
The number of dogs kept (10 or more), combined with breeding activity, associated structures, and documented off-site impacts (noise, vehicle visits, verge damage), constituted a material change of use that significantly altered the character of the dwelling and its curtilage beyond what is incidental to normal residential use.
The public interest in remedying the breach and injury to amenity was balanced against the appellants' practical difficulties in selling or rehoming valuable dogs, resulting in an extension of the compliance period from one to three calendar months.
What the Inspector cited
- Judgments
- Wallington v SSW [1991] JPL 942
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.