Walker Barn, Buxton New Road, Rainow, Macclesfield, SK11 0AW

the change of use for conversion of existing garage into a dwelling at Walker Barn, Buxton New Road, Rainow, Cheshire without complying with conditions attached to planning permission Ref: 19/5940M, dated 1 April 2020

Authority: Cheshire East
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Veevers A

Main issues, as the Inspector framed them

Whether or not the condition can be varied, having regard to the Town and Country Planning Act 1990 and other material considerations, including the Finney judgement

What decided it

The proposed development would require a change to the operative part of the original permission description, which is beyond the powers available under section 73 of the Town and Country Planning Act 1990 as established in the Finney judgment.

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

Town Planner Pro

What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.
Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.
Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.
The judgement stays yours. The tool gathers the material and dates it.

Join the waiting list

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.