Tile Farm, Wicker Lane, Guilden Sutton, Chester, CH3 7EL

without planning permission a material change of use of the Land from agriculture, haulage operation with associated vehicle parking, residential, livery stables, the keeping/exercising of horses to a mixed use of agriculture, haulage operation with associated vehicle parking, residential, livery stables, the keeping/exercising of horses and MX quad bike/off road bike riding, motocross track and clay pigeon shooting use ["the unauthorised development"]

Authority: Cheshire West and Chester
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: leisure-sport · Change of use
Inspector: Savage M

Main issues, as the Inspector framed them

Whether, on the balance of probabilities, the appellant has shown that the alleged mixed use (including quad bike/off-road bike riding, motocross track and clay pigeon shooting) occurred and continued without significant interruption for a period of 10 years before the enforcement notice was issued, such that no enforcement action could be taken (ground (d))

What decided it

The appellant proved, on the balance of probabilities, that the full mixed use including quad biking, the motocross track and clay pigeon shooting had continued without significant interruption for more than 10 years before the enforcement notice was issued, rendering the breach immune from enforcement.

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Webber v Minister of Housing and Local Government [1968] 1 WLR 292; Westminster City Council v SSCLG [2015] EWCA Civ 482; Swale BC v First Secretary of State [2005] EWCA Civ 1568; Thurrock BC v SSETR [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568; [2006] JPL 886; Lilo Blum v Secretary of State for the Environment and Richmond-upon-Thames LBC [1987] JPL 278 (QBD); Hertfordshire County Council v Secretary of State for Communities and Local Government & Anor [2012] EWCA Civ 1473

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.