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Quashed On Legal Grounds13 May 20243317640

Willaston Community Farm Cic, Heath Lane, Willaston, Cheshire, CH64 1TP

Planning appeal 3317640 at Willaston Community Farm Cic, Heath Lane, Willaston, Cheshire, CH64 1TP (Cheshire West and Chester) was decided (quashed on legal grounds) on 13 May 2024 by Inspector Franks Z, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control.

without planning permission the material change of use of a static caravan previously used in conjunction with the nursery business for, security, seasonal work & rest facilities to a residential use (located near to the barn called Hedgehog Stables & Blacksmiths) ["the Unautho rised Development"]

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Franks Z
Postcode
CH64 1TP

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control

What decided it

The enforcement notice was invalid because it did not accurately describe the alleged breach of planning control with sufficient clarity, and the error could not be corrected without causing injustice to the appellant.

The decision letter

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More decisions in Cheshire West and Chester

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld22 July 20263349074
    The Cedars, Towers Lane, Alvanley, Frodsham, Cheshire, WA6 0LG
  2. Split Decision27 April 20263376531
    The Barnyard, Marsh Lane, Kings Marsh, Chester, CH3 6NG
  3. Split Decision27 April 20263376530
    The Barnyard, Marsh Lane, Kings Marsh, Chester, CH3 6NG
  4. Notice upheld15 April 20263375569
    Rushmere Lodge, Beauty Bank, Whitegate, Winsford, Cheshire, CW8 2BP
  5. Planning permission granted23 March 20263354908
    The Lodge, Heath Lane Nurseries Heath Lane, Willaston, Neston, CH64 1TP

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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