®Planning appeal decision
35 Marsh Lane, Ince, Chester, CH2 4NP
Planning appeal 3338390 at 35 Marsh Lane, Ince, Chester, CH2 4NP (Cheshire West and Chester) was allowed in part (a split decision) on 19 January 2026 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the land was in agricultural use or residential use (garden) when the appellant began using it for keeping dogs.
Material change of use of land from residential use (dwelling with garden) to a mixed use comprising residential use (dwelling with garden) and the keeping of dogs, and the erection of a building (kennel)
- Authority
- Cheshire West and Chester
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Freer P
- Postcode
- CH2 4NP
Main issues, as the Inspector framed them
- Whether the land was in agricultural use or residential use (garden) when the appellant began using it for keeping dogs
- Whether the keeping of dogs constitutes a material change of use and whether the kennel building is permitted development
- Whether the breach of planning control is inappropriate development in the Green Belt and whether very special circumstances exist
- The effect on the living conditions of occupiers of surrounding residential properties in terms of noise disturbance and odours
- Whether the period for compliance of six months is reasonable
What decided it
The scale and nature of the dog-keeping activity, requiring paid staff and volunteers, exceeds what is incidental to enjoyment of a dwellinghouse, constituting a material change of use that causes unacceptable harm to neighbouring residential amenity and is inappropriate development in the Green Belt with no very special circumstances to justify it.
What the Inspector cited
- Development plan policies
- Policy SOC5 of the Cheshire West & Chester Council Local Plan (Part One)Policy DM2 of the Cheshire West & Chester Council Local Plan (Part Two)
- National Planning Policy Framework
- Paragraph 143Paragraph 153Paragraph 154
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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.