11 City Walls, CHESTER, CH1 1LD

Authority: Cheshire West and Chester
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Major retail and services
Inspector: Whalley J

Main issues, as the Inspector framed them

Whether the use of the land at 11 City Walls, including the public footpath section, has been used for mixed commercial purposes openly and continuously as part of one planning unit for more than 10 years

What decided it

The application land comprised two distinct planning units in different ownership, and there was negligible evidence of continuous functional use linking the building at No. 11 to the public footpath section for the requisite 10-year period.

Judgments cited: Gabbitas v SSE & Newham LBC [1985] JPL 630; Ravensdale Limited v SSCLG [2016] EWHC 2374 (Admin); Panton & Farmer v SSETR & Vale of White Horse DC [1999] JPL 461

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