®Planning appeal decision
Greenacre, Leek Old Road, Sutton, Macclesfield , SK11 0HZ
Without planning permission, the material change of use of the land from agricultural to residential domestic use, together with formation of an access, the creation of a driveway, the erection of a detached building, gates and fencing
- Authority
- Cheshire East
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Pleasant L
Main issues, as the Inspector framed them
- Whether the enforcement notice is defective in alleging a material change of use rather than unauthorised operational development, having regard to the Caldwell principle that the Murfitt principle does not apply where operational development is itself causative of the change of use
What decided it
The operational development (access, driveway, and building) was itself causative of the material change of use to residential, not merely ancillary to it, making the enforcement notice defective in its allegation and incapable of correction without injustice to the appellant.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.