Bottom House Farm, Overton Common, Malpas, Cheshire, SY14 7DQ

Planning appeal 3319954 at Bottom House Farm, Overton Common, Malpas, Cheshire, SY14 7DQ (Cheshire West and Chester) was allowed in part (a split decision) on 19 April 2024 by Inspector Merrett R, following an inquiry. The main issue, as the Inspector framed it: The appeals on ground (d): whether at the date the notice was issued no enforcement action could be taken because the breach had continued for more than ten years.

Without planning permission, the change of lane from agricultural to residential, the siting of three caravans for residential occupation in connection to the residential use of the land (“the unauthorised development”)

Authority: Cheshire West and Chester
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: caravan-gypsy · Minor traveller and caravan pitches
Inspector: Merrett R

Main issues, as the Inspector framed them

The appeals on ground (d): whether at the date the notice was issued no enforcement action could be taken because the breach had continued for more than ten years
The appeals on ground (g): whether more time should be allowed to comply with the requirements of the notice

What decided it

The Inspector found that the appellant had deliberately concealed the continuous full-time residential use of Caravan 1, disentitling the appellants from relying on the ten-year immunity period, so the ground (d) appeals failed and the notice was upheld.

What the Inspector cited

Judgments: Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15

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.

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The decision letter

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More decisions in Cheshire West and Chester

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

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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.