®Planning appeal decision
Kerry, 36 Hooton Road, Willaston, Neston, Cheshire, CH64 1SJ
Planning appeal 3314256 at Kerry, 36 Hooton Road, Willaston, Neston, Cheshire, CH64 1SJ (Cheshire West and Chester) was allowed in part (a split decision) on 11 December 2024 by Inspector Tweddle J, following an inquiry. The main issue, as the Inspector framed it: Whether the matters alleged in the notice, if they occurred, constitute a breach of planning control (ground (c)).
Without planning permission: construction of earth mound(s), hardstanding (parking area) near the dwelling with an associated hardstanding track, a new track to the rear of 46-54 Hooton Road, and the creation of a pond south of 'Kerry' and a larger pond/wildlife area in the southernmost field
- Authority
- Cheshire West and Chester
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Householder developments
- Inspector
- Tweddle J
- Postcode
- 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.
What the Inspector cited
- Judgments
- Britannia Assets v SSCLG & Medway Council [2011] EWHC 1908(Admin); Fayrewood Fish Farms Ltd v Secretary of State for the Environment [1984] JPL 267; Burford v SSCLG & Test Valley BC [2017] EWHC 537 Admin; Methuen-Campbell v Walters [1979] 1 QB 525
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.