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Dismissed19 July 20223293465

Lyme Breeze Restaurant, Wood Lane East, Adlington, SK10 4PH

Planning appeal 3293465 at Lyme Breeze Restaurant, Wood Lane East, Adlington, SK10 4PH (Cheshire East) was dismissed on 19 July 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawful use or development was well-founded.

described as “Ancillary use of ‘Lyme Breeze Restaurant’ (Class E) for functions and events, including weddings and civil ceremonies, wedding breakfasts, parties, christenings, funeral teas / wakes and conferences / meetings”

Authority
Cheshire East
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
leisure-sport · Minor retail and services
Inspector
Moore D
Postcode
SK10 4PH

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawful use or development was well-founded

What decided it

The appellant's evidence was insufficiently corroborated and ambiguous, failing to demonstrate on the balance of probabilities that the expanded functions and events use from 2017 onwards was ancillary rather than a material change of use, or that continuous lawful use had occurred for the requisite 10-year period.

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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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