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Planning appeal decision

Allowed6 April 20233304154

Brownhills, Brownhills Road, Rushton, Tarporley, CW6 9BQ

Planning appeal 3304154 at Brownhills, Brownhills Road, Rushton, Tarporley, CW6 9BQ (Cheshire West and Chester) was allowed on 6 April 2023 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, specifically whether the appellant has shown on the balance of probabilities that a material change of use from a single dwellinghouse to two separate dwellinghouses occurred ten or more years prior to the application date and continued without significant interruption.

the use as two separate dwellinghouses of a building previously used as a single dwellinghouse

Authority
Cheshire West and Chester
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Moore D
Postcode
CW6 9BQ

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, specifically whether the appellant has shown on the balance of probabilities that a material change of use from a single dwellinghouse to two separate dwellinghouses occurred ten or more years prior to the application date and continued without significant interruption

What decided it

The appellant demonstrated on the balance of probabilities that the material change of use to two separate dwellinghouses occurred more than ten years before the application date and continued without significant interruption, making enforcement action time-barred.

The decision letter

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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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