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Planning appeal decision

Notice upheld8 October 20253346616

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 applied

The decision letter

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More decisions in Cheshire East

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

  1. Split Decision27 July 20263375297
    Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
  2. Split Decision27 July 20263375291
    Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
  3. Notice varied and upheld27 July 20263363488
    Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
  4. Quashed On Legal Grounds2 March 20263347020
    Greenacre, Leek Old Road, Sutton, Macclesfield , SK11 0HZ
  5. Split Decision16 February 20263341226
    Land 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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.