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Allowed11 May 20233304172

Land off Newtown Road, Sound, Nantwich, Cheshire, CW5 8BG

Planning appeal 3304172 at Land off Newtown Road, Sound, Nantwich, Cheshire, CW5 8BG (Cheshire East) was allowed on 11 May 2023 by Inspector Franks Z, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision not to grant the lawful development certificate for the use as residential garden was well-founded, requiring proof on the balance of probability that the site has been used as a residential garden for a substantially uninterrupted period of over 10 years prior to the date of the LDC application.

as residential garden

Authority
Cheshire East
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Franks Z
Postcode
CW5 8BG

Main issues, as the Inspector framed them

  • Whether the Council's decision not to grant the lawful development certificate for the use as residential garden was well-founded, requiring proof on the balance of probability that the site has been used as a residential garden for a substantially uninterrupted period of over 10 years prior to the date of the LDC application

What decided it

The appellant provided sufficient evidence on the balance of probability, including historical documentation, photographs, and uncontradicted testimony, to establish that the site had been used as a residential garden for substantially more than 10 years prior to the application date.

The decision letter

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The authority’s record since 2016 · every decision in 2023

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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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