Greenacre, Leek Old Road, Sutton, Macclesfield , SK11 0HZ

Planning appeal 3347020 at Greenacre, Leek Old Road, Sutton, Macclesfield , SK11 0HZ (Cheshire East) was decided (quashed on legal grounds) on 2 March 2026 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode: SK11 0HZ

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.

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More decisions in Cheshire East

The authority’s record since 2016 · every decision in 2026

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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.