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Planning appeal decision

Notice varied and upheld4 December 20253350563

40 Newall Avenue, SANDBACH, CW11 4BJ

‘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

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.