Kerry, 36 Hooton Road, Willaston, NESTON, Cheshire, CH64 1SJ

Main issues, as the Inspector framed them

• Whether the matters alleged in the notice, if they occurred, constitute a breach of planning control (ground (c))
• Whether, at the date the notice was issued, no enforcement action could be taken in respect of the breach because it was immune from enforcement (ground (d))
• Whether the requirements of the notice exceed what is necessary to remedy the breach of planning control (ground (f))
• Whether the period for compliance specified in the notice falls short of what should reasonably be allowed (ground (g))

What decided it

The appellant failed to demonstrate, on the balance of probabilities, that the works did not constitute engineering operations or that they benefited from permitted development rights, and with no ground (a) appeal made the planning merits could not assist the appellant.

In relation to the compliance period (ground (g)), the public interest in securing expeditious remedy of the harm to green belt openness outweighed the appellant's private interest in an extended compliance period.