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Planning appeal decision

Quashed On Legal Grounds28 November 20233315795

Land at Fowl Farm, Back Lane, Cuerdley,, Warrington, Cheshire, WA5 2XQ

Planning appeal 3315795 at Land at Fowl Farm, Back Lane, Cuerdley,, Warrington, Cheshire, WA5 2XQ (Warrington Borough Council) was decided (quashed on legal grounds) on 28 November 2023 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the steps required for compliance and whether it is valid or can be corrected.

without planning permission, the material change of use of part of an agricultural field to a café in a portable building with an associated decking platform, enclosure and tables

Authority
Warrington Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Savage M
Postcode
WA5 2XQ

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the steps required for compliance and whether it is valid or can be corrected

What decided it

The enforcement notice failed to require removal of ancillary works (utilities installation and hardstanding) carried out to facilitate the material change of use, which would result in deemed planning permission being granted for those works under section 73(11) of the Act, making the notice invalid and incapable of correction without causing injustice.

The decision letter

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More decisions in Warrington Borough Council

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

  1. Planning permission granted14 May 20263348406
    Land at Wayside Bungalow, Knutsford Road, Grappenhall, Warrington, WA4 3LA
  2. Notice varied and upheld7 May 20263363478
    Land at Fowl Farm, Back Lane, Cuerdley, Warrington, WA5 2XQ
  3. Notice varied and upheld21 April 20263367649
    340 Thelwall Lane, Warrington, WA4 1NJ
  4. Notice upheld19 November 20253367677
    5 Stage Lane, Lymm, WA13 9HZ
  5. Notice varied and upheld16 October 20253347898
    7 Winwick Street, Warrington, Cheshire, WA1 1XR

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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