®Planning appeal decision
35 Marsh Lane, Ince, CHESTER, CH2 4NP
- Authority
- Cheshire West and Chester
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Freer P
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.
Framework references: 143, 153, 154
Plan policies cited: Policy SOC5 of the Cheshire West & Chester Council Local Plan (Part One), Policy DM2 of the Cheshire West & Chester Council Local Plan (Part Two)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.