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Planning appeal decision

Dismissed9 August 20243345979

Land To Rear Of 57-91 Orford Road, Warrington, WA2 7SS

Planning appeal 3345979 at Land To Rear Of 57-91 Orford Road, Warrington, WA2 7SS (Warrington Borough Council) was dismissed on 9 August 2024 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, and whether the appellant has shown on the balance of probabilities that the development was begun in accordance with the planning permission and its conditions.

described as “confirmation is sought that work has begun to enact previous permission 2019/34628 (new dwelling) and that the time limits set out to begin development have fallen away”

Authority
Warrington Borough Council
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 Council's decision to refuse to grant a certificate of lawful use or development was well-founded, and whether the appellant has shown on the balance of probabilities that the development was begun in accordance with the planning permission and its conditions

What decided it

The appellant's photographic evidence did not clearly establish the position of the trench in relation to the approved plans, and the inconsistencies between images and lack of detail on site clearance works meant the appellant failed to prove on the balance of probabilities that a material operation had been carried out in accordance with the planning permission.

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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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