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Quashed On Legal Grounds6 June 20233308903

Green Lane Farm, Green Lane, Kelsall, Chester, Cheshire, CW6 0QA

Planning appeal 3308903 at Green Lane Farm, Green Lane, Kelsall, Chester, Cheshire, CW6 0QA (Cheshire West and Chester) was decided (quashed on legal grounds) on 6 June 2023 by Inspector Jones D, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control as alleged in the enforcement notice (demolition of an agricultural building and erection of one dwelling) has occurred as a matter of fact.

the demolition of an agricultural building and erection of one dwelling ("the unauthorised development")

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Jones D
Postcode
CW6 0QA

Main issues, as the Inspector framed them

  • Whether the breach of planning control as alleged in the enforcement notice (demolition of an agricultural building and erection of one dwelling) has occurred as a matter of fact

What decided it

The appellant's evidence (invoices, statutory declaration, and consistency with the Council's own 2019 permission assessment) demonstrated that the major structural works were completed in late 2011, establishing that conversion rather than demolition and new build had occurred.

The decision letter

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More decisions in Cheshire West and Chester

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

  1. Notice upheld22 July 20263349074
    The Cedars, Towers Lane, Alvanley, Frodsham, Cheshire, WA6 0LG
  2. Split Decision27 April 20263376531
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  3. Split Decision27 April 20263376530
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  4. Notice upheld15 April 20263375569
    Rushmere Lodge, Beauty Bank, Whitegate, Winsford, Cheshire, CW8 2BP
  5. Planning permission granted23 March 20263354908
    The Lodge, Heath Lane Nurseries Heath Lane, Willaston, Neston, CH64 1TP

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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