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Planning appeal decision

Notice varied and upheld13 February 20263357438

6 Burford Crescent, Wilmslow, SK9 6BN

Planning appeal 3357438 at 6 Burford Crescent, Wilmslow, SK9 6BN (Cheshire East) was allowed in part (a split decision) on 13 February 2026 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: Whether the land has been in continuous residential use for at least 10 years prior to the enforcement notice being issued, such that enforcement action is time-barred under section 171B(3) of the Town and Country Planning Act 1990.

Without planning permission, the material change of use of the land to a residential domestic garden use

Authority
Cheshire East
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Pleasant L
Postcode
SK9 6BN

Main issues, as the Inspector framed them

  • Whether the land has been in continuous residential use for at least 10 years prior to the enforcement notice being issued, such that enforcement action is time-barred under section 171B(3) of the Town and Country Planning Act 1990
  • Whether the requirements of the enforcement notice are excessive or go beyond what is necessary to remedy the breach of planning control

What decided it

The aerial images from 2016-2018 showing the land as grassland similar to adjoining pasture with no substantive evidence of residential use, which cast doubt on the previous owner's recollection and demonstrated the land had not been in continuous residential use for the required 10-year period.

The decision letter

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More decisions in Cheshire East

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

  1. Split Decision27 July 20263375297
    Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
  2. Split Decision27 July 20263375291
    Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
  3. Notice varied and upheld27 July 20263363488
    Normans Hall Chelford Road, Prestbury, Macclesfield, SK10 4PT
  4. Quashed On Legal Grounds2 March 20263347020
    Greenacre, Leek Old Road, Sutton, Macclesfield , SK11 0HZ
  5. Split Decision16 February 20263341226
    Land on the West Side of Mudhurst Lane, Disley, Stockport, Cheshire, SK12 2BY

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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