Planning appeal decision
11 City Walls, Chester, CH1 1LD
Planning appeal 3377635 at 11 City Walls, Chester, CH1 1LD (Cheshire West and Chester) was dismissed on 15 June 2026 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: 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.
Lawful Development Certificate to establish that the use of the land at 11 City Walls has been used for mixed commercial purposes (including displaying and selling goods, artisan demonstrations/production, and seating) openly and continuously as part of one planning unit for more than 10 years
- Authority
- Cheshire West and Chester
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- other · Major retail and services
- Inspector
- Whalley J
- Postcode
- CH1 1LD
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.
What the Inspector cited
- Judgments
- 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
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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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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