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Planning appeal decision

Notice upheld15 April 20263375569

Rushmere Lodge, Beauty Bank, Whitegate, Winsford, Cheshire, CW8 2BP

Planning appeal 3375569 at Rushmere Lodge, Beauty Bank, Whitegate, Winsford, Cheshire, CW8 2BP (Cheshire West and Chester) was dismissed on 15 April 2026 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether at the date the notice was issued, enforcement action could be taken in respect of the breach of planning control (ground d).

without planning permission, the erection of a 1.8m high fence adjacent to Dalefords Lane, Whitegate, Winsford, Cheshire, CW8 2BP

Authority
Cheshire West and Chester
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hartley D
Postcode
CW8 2BP

Main issues, as the Inspector framed them

  • Whether at the date the notice was issued, enforcement action could be taken in respect of the breach of planning control (ground d)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach or injury to amenity (ground f)
  • Whether the period specified in the notice for compliance is reasonable (ground g)

What decided it

The appellant failed to discharge the burden of proving on the balance of probability that the fence was substantially completed four years before the enforcement notice was issued, as the Council's evidence indicated substantial completion occurred after November 2021.

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
    The Barnyard, Marsh Lane, Kings Marsh, Chester, CH3 6NG
  3. Split Decision27 April 20263376530
    The Barnyard, Marsh Lane, Kings Marsh, Chester, CH3 6NG
  4. Planning permission granted23 March 20263354908
    The Lodge, Heath Lane Nurseries Heath Lane, Willaston, Neston, CH64 1TP
  5. Notice upheld23 March 20263337118
    Land Catton Hall , Bradley Lane, Frodsham, Cheshire, WA6 7EX

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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