3 Milton Crescent, Cheadle, Stockport, SK8 1NT

Planning appeal 3320102 at 3 Milton Crescent, Cheadle, Stockport, SK8 1NT (Stockport Metropolitan Borough Council) was dismissed on 22 March 2024 by Inspector Taylor K, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawful use or development was well founded.

Change of use from single dwellinghouse to mixed use as a dwellinghouse and community centre (Sui Generis)

Authority: Stockport Metropolitan Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: community-institutional · Change of use
Inspector: Taylor K
Postcode: SK8 1NT

Main issues, as the Inspector framed them

Whether the Council's refusal to grant a certificate of lawful use or development was well founded

What decided it

The appellant failed to demonstrate on the balance of probability that a material change of use to mixed use had occurred on or before 23 May 2009 and continued without interruption for 10 years thereafter, as the evidence showed the material change of use became evident around 2018.

What the Inspector cited

Judgments: Burdle & Willams v SSE & New Forest DC [1972] 1 WLR 1207; Moore v SSCLG [2012] EWCA Civ 1202; Hertfordshire CC v SSCLG & Metal and Waste Recycling Limited [2012] EWCA Civ 1473; Lewis v SSE [1971] 23 P&CR 125; Massingham v SSTLR & Havant BC [2002] EWHC 1578 (Admin)

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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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.