Planning appeal decision
Foden Bank Barn, Lapwing Lane, Lower Withington, Macclesfield, Cheshire, SK11 9AD
Planning appeal 3351711 at Foden Bank Barn, Lapwing Lane, Lower Withington, Macclesfield, Cheshire, SK11 9AD (Cheshire East) was dismissed on 14 April 2025 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Appeal A: whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development was well founded.
the conversion of the existing gym/office outbuilding to residential annexe. Summary
- Authority
- Cheshire East
- Appeal type
- householder · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Freer P
- Postcode
- SK11 9AD
Main issues, as the Inspector framed them
- Appeal A: whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development was well founded
- Appeal B: whether the conversion of the existing gym/office outbuilding to use as a residential annexe would impair the efficiency of the Jodrell Bank Radio Telescope
What decided it
For Appeal A: the outbuilding remains within the curtilage of the main dwelling and part of the same planning unit with clear functional links through family occupation, so no material change of use occurs. For Appeal B: the uncontradicted technical evidence from the University of Manchester demonstrates the development would impair the radio telescope's efficiency in breach of Policy SE14.
What the Inspector cited
- Development plan policies
- Policy SE14Policy HER9
- National Planning Policy Framework
- Paragraph 154
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 appliedThe decision letter
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With an account
What an account adds to this decision


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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.
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