®Planning appeal decision
Land at Acres Croft, Forty Acre Lane, Twemlow Green, Holmes Chapel, CREWE, CW4 8DU
Without planning permission, the unauthorised operational development comprising the erection of a building shown in the approximate position hatched green on Plan B attached to this notice and ass ociated unauthorised operational development in the creation of an area of hardstanding shown in the approximate position hatched blue on Plan B attached to this notice
- Authority
- Cheshire East
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Householder developments
- Inspector
- Merrett R
Main issues, as the Inspector framed them
- the effect of the material change of use on the character and appearance of the countryside
- the significance of the loss of agricultural land
What decided it
Whether continuous residential use (for the change of use) or substantial completion (for the hardstanding) could be demonstrated over the requisite immunity periods determined each ground (d) outcome, while the merits of the change of use turned on the absence of harm to countryside character and the limited agricultural loss.
the benefits of the residential use to the private occupiers were found to clearly outweigh the loss of a small area of best and most versatile agricultural land, and the change of use was found not to conflict with the development plan as a whole
Plan policies cited: Policy RUR 12, Policy RUR 5
Judgments cited: Wallington v SSW [1991] JPL 942; Burford v Secretary of State for Communities and Local Government & Anor [2017]; Challenge Fencing Limited v Secretary of State for Housing, Communities and Local Government [2019] EWHC 553 (Admin); Oates v SSCLG [2017] EWHC 2716 (Admin)
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.