®Planning appeal decision
Notice upheld15 April 20263375569
Rushmere Lodge, Beauty Bank, Whitegate, Winsford, Cheshire, CW8 2BP
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
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 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.