Land at grid ref 365201 372590 Crabmill Lane, Norley, Northwich, Cheshire, WA6 8JN

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.

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