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Planning appeal decision

Allowed11 June 20253352569

Brink Barn Buxton New Road, Macclesfield, SK11 0AN

Planning appeal 3352569 at Brink Barn Buxton New Road, Macclesfield, SK11 0AN (Cheshire East) was allowed on 11 June 2025 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a lawful development certificate is well-founded.

Use of land as domestic garden in connection with the dwelling known as Brink Barn

Authority
Cheshire East
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Walker A
Postcode
SK11 0AN

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a lawful development certificate is well-founded

What decided it

The appellants' evidence, supported by aerial photographs and statutory declarations, was sufficiently precise and unambiguous to demonstrate on the balance of probabilities that the land had been in continuous use as domestic garden for ten or more years prior to the LDC application, with no contradictory evidence from the Council.

The decision letter

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

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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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