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Planning appeal decision

Notice varied and upheld30 May 20223293926

Land at Grid Ref 365201 372590 Crabmill Lane, Norley, Northwich, Cheshire, WA6 8JN

Planning appeal 3293926 at Land at Grid Ref 365201 372590 Crabmill Lane, Norley, Northwich, Cheshire, WA6 8JN (Cheshire West and Chester) was allowed in part (a split decision) on 30 May 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the material change of use to residential garden occurred for a continuous period of 10 years or more prior to the enforcement notice, such that it is too late for the Council to take enforcement action (ground d).

without planning permission, a material change of use of the land from an agricultural use to a residential garden

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Moore D

Main issues, as the Inspector framed them

  • Whether the material change of use to residential garden occurred for a continuous period of 10 years or more prior to the enforcement notice, such that it is too late for the Council to take enforcement action (ground d)
  • Whether the steps required by the enforcement notice are excessive to remedy the breach of planning control (ground f)

What decided it

The presence of building material and waste storage on the land during neighbouring development works circa 2015 broke the continuity of residential garden use, preventing the appellants from establishing the required 10-year continuous use immunity period.

The decision letter

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More decisions in Cheshire West and Chester

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

  1. Notice upheld22 July 20263349074
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  2. Split Decision27 April 20263376531
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  3. Split Decision27 April 20263376530
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  4. Notice upheld15 April 20263375569
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  5. Planning permission granted23 March 20263354908
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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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