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Planning appeal decision

Notice varied and upheld4 December 20253350563

40 Newall Avenue, Sandbach, CW11 4BJ

Planning appeal 3350563 at 40 Newall Avenue, Sandbach, CW11 4BJ (Cheshire East) was allowed in part (a split decision) on 4 December 2025 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: Whether the alleged use of the land had changed to include commercial canine business uses and the keeping of dogs (ground b).

‘Without planning permission, the material change of use of the property from a C3 dwelling to a mixed use of C3 dwelling and commercial use for the purposes of dog grooming including microchipping services, a dog fertility clinic, stud dog services, dog breeding and other associated uses and for the keeping of dogs. Erection/alteration of outbuildings A, shaded green on the attached Plan B and outbuilding B shaded blue on the attached Plan B located to the rear of the dwelling which are used in association with the unauthorised uses ’

Authority
Cheshire East
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Hitchcock R
Postcode
CW11 4BJ

Main issues, as the Inspector framed them

  • Whether the alleged use of the land had changed to include commercial canine business uses and the keeping of dogs (ground b)
  • Whether the matters stated in the notice constitute a breach of planning control (ground c)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach (ground f)
  • Whether the period for compliance falls short of what should reasonably be allowed (ground g)

What decided it

The extent of commercial canine services, the keeping of 18 dogs, the substantial outbuildings erected for the mixed use, and the resulting material change in the character of the property from residential to mixed commercial use constituted a breach of planning control requiring enforcement action.

The decision letter

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More decisions in Cheshire East

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

  1. Dismissed22 September 20266007456
    Brookfields Farm, Longhill Lane, Hankelow, CW3 0JQ
  2. Allowed22 September 20266007422
    Brookfields Farm, Longhill Lane, Hankelow, CW3 0JQ
  3. Dismissed25 August 20266007315
    1/3 Park Lane, Macclesfield, SK11 6TJ
  4. Dismissed17 August 20263377066
    Station Yard, Wrenbury Road, Wrenbury, Nantwich, CW5 8HA
  5. Split Decision27 July 20263375297
    Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT

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.