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Planning appeal decision

Allowed7 April 20253344341

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

Planning appeal 3344341 at Spinney Cottage, Lower Lane, Rushton , Tarporley, CW6 9AN (Cheshire West and Chester) was allowed on 7 April 2025 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: 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.

Use of land to rear of Spinney Cottage as garden

Authority
Cheshire West and Chester
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Moore D
Postcode
CW6 9AN

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.

The decision letter

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The authority’s record since 2016 · every decision in 2025

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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.

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