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Planning appeal decision

Notice varied and upheld13 February 20233201804

Shell Missenden, Deep Mill Service Station, London Road, LITTLE KINGSHILL, HP16 0DH

without planning permission, the material change of use of the Land to a sui generis mixed use for the stationing and storage of motor vehicles and motor vehicle parts, the preparation of motor vehicles for sale, the stationing and storage of a skip and of nine metal storage containers (“the Unauthorised Use”)

Authority
Buckinghamshire Council - Chiltern Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Perrins R

Main issues, as the Inspector framed them

  • the effect of the development on the openness of the Green Belt and the purposes of designating land within the Green Belt
  • the effect of the proposal on the character and appearance of the area and the Chiltern Area of Outstanding Natural Beauty (AONB)
  • would the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development

What decided it

The fence and hardstanding were inappropriate development in the Green Belt causing harm to openness and the AONB, and the other considerations advanced did not clearly outweigh this harm so as to amount to very special circumstances.

the limited business/security benefits of the fence and hardstanding did not clearly outweigh the substantial harm to the Green Belt and the harm to character, appearance and the AONB, so very special circumstances did not exist

Framework references: 149, 150

Plan policies cited: Policy LSQ1, Policy GC12, Policy GB2, Policy GB22A

Judgments cited: Kestrel Hydro v SSCLG & Spelthorne BC [2016] EWCA Civ 784; Murfitt v SSE and E.Cambridgeshire DC [1980] 40 P&CR 254

Read the decision letter on the Inspectorate’s site

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.