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Quashed On Legal Grounds13 September 20223299455

Tile Farm, Wicker Lane, Guilden Sutton, Chester, CH3 7EL

Planning appeal 3299455 at Tile Farm, Wicker Lane, Guilden Sutton, Chester, CH3 7EL (Cheshire West and Chester) was decided (quashed on legal grounds) on 13 September 2022 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Appeal A: whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control.

without planning permission, a material change of use of the Land from agricultural use to a mixed use of agriculture and MX Motorcross/Quad bike use and Clay Pigeon Shooting use

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Moore D
Postcode
CH3 7EL

Main issues, as the Inspector framed them

  • Appeal A: whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control
  • Appeal B: whether the Council's refusal to grant a certificate of lawful use or development for a mixed use of agriculture and quads/off-road bikes was well-founded

What decided it

Appeal A: the enforcement notice lacked sufficient clarity in its description of the alleged breach and could not be corrected without causing injustice and loss of natural justice. Appeal B: the application sought a different mixed use to that which was agreed to be in operation on the land.

The decision letter

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More decisions in Cheshire West and Chester

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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