Spinney Cottage, Lower Lane, Rushton , TARPORLEY, CW6 9AN

Authority: Cheshire West and Chester
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Moore D

Main issues, as the Inspector framed them

Whether the appellant has shown on the balance of probabilities that a material change of use of the land to garden, classed as residential use, occurred ten or more years prior to the date of the application and continued without significant interruption such that it is now immune from enforcement action

What decided it

The appellant's evidence, supported by 11 witness statements and sales particulars from 2002, was sufficiently precise and unambiguous to establish on the balance of probabilities that a material change of use to residential garden use occurred at least ten years before the application date and continued without significant interruption.

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