Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice varied and upheld13 February 20263357438

6 Burford Crescent, WILMSLOW, SK9 6BN

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

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 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.