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

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

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.

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