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Planning appeal decision

Allowed12 January 20263358344

Outbuilding To The West of Dones View Farm, Northwich Road, Dutton, Northwich , WA4 4HD

Planning appeal 3358344 at Outbuilding To The West of Dones View Farm, Northwich Road, Dutton, Northwich , WA4 4HD (Cheshire West and Chester) was allowed on 12 January 2026 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the outbuilding has been continuously occupied for residential purposes for the four year period prior to the date of the application, such that the use is immune from enforcement action.

Certificate of lawful use for existing residential use of outbuilding (dwelling with kitchen/dining room, living room and en-suite bedroom)

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Braithwaite J
Postcode
WA4 4HD

Main issues, as the Inspector framed them

  • Whether the outbuilding has been continuously occupied for residential purposes for the four year period prior to the date of the application, such that the use is immune from enforcement action

What decided it

The four sworn statutory declarations provided precise and unambiguous evidence of continuous residential occupation for the four year period prior to the application date, which the Council failed to contradict with any documentary evidence.

The decision letter

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More decisions in Cheshire West and Chester

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

  1. Notice upheld22 July 20263349074
    The Cedars, Towers Lane, Alvanley, Frodsham, Cheshire, WA6 0LG
  2. Split Decision27 April 20263376531
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  3. Split Decision27 April 20263376530
    The Barnyard, Marsh Lane, Kings Marsh, Chester, CH3 6NG
  4. Notice upheld15 April 20263375569
    Rushmere Lodge, Beauty Bank, Whitegate, Winsford, Cheshire, CW8 2BP
  5. Planning permission granted23 March 20263354908
    The Lodge, Heath Lane Nurseries Heath Lane, Willaston, Neston, CH64 1TP

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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