Planning appeal decision
Higher Kinderfields Farm , Hollin Lane Sutton, Macclesfield, Cheshire, SK11 0NN
Planning appeal 3346616 at Higher Kinderfields Farm , Hollin Lane Sutton, Macclesfield, Cheshire, SK11 0NN (Cheshire East) was dismissed on 8 October 2025 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the notice constitute a breach of planning control (ground c).
Unauthorised erection of a building (alleged breach of planning control)
- Authority
- Cheshire East
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Other minor developments
- Inspector
- Walker A
- Postcode
- SK11 0NN
Main issues, as the Inspector framed them
- Whether the matters alleged in the notice constitute a breach of planning control (ground c)
- Whether the building was substantially completed more than four years before the notice was issued, thereby acquiring immunity from enforcement action (ground d)
- Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control (ground f)
What decided it
The demolition of the original garage constituted commencement of the 2017 planning permission, rendering it extant and allowing the breach to be remedied by alteration rather than demolition alone.
What the Inspector cited
- Judgments
- Commercial Land Ltd v SSTLR & Kensington & Chelsea RBC [2002] EWHC 1264 Admin, [2003] JPL 358
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
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More decisions in Cheshire East
The authority’s record since 2016 · every decision in 2025
- Split Decision27 July 20263375297Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
- Split Decision27 July 20263375291Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
- Notice varied and upheld27 July 20263363488Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
- Quashed On Legal Grounds2 March 20263347020Greenacre, Leek Old Road, Sutton, Macclesfield , SK11 0HZ
- Split Decision16 February 20263341226Land on the West Side of Mudhurst Lane, Disley, Stockport, Cheshire, SK12 2BY
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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