Land East Of HALL GREEN LANE, SOMERFORD BOOTHS, CW12 2LY

the change of use of an agricultural building to single dwellinghouse

Authority: Cheshire East
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Walker A

Main issues, as the Inspector framed them

Appeal A: Whether the Council's decision to refuse to grant a certificate of lawful use or development is well-founded
Appeal B: Whether the proposed change of use constitutes permitted development pursuant to Class Q of Part 3 of Schedule 2 to the GPDO, having regard to the extent of the works proposed, and the effect of the proposal on the appearance of the building

What decided it

The Council's failure to determine the prior approval application within 56 days resulted in deemed approval, and the proposed works satisfy the limitations of Class Q as they are reasonably necessary for conversion and do not amount to a fresh build.

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