®Planning appeal decision
Shell Missenden, Deep Mill Service Station, London Road, Little Kingshill, HP16 0DH
Planning appeal 3201804 at Shell Missenden, Deep Mill Service Station, London Road, Little Kingshill, HP16 0DH (Buckinghamshire Council - Chiltern Area *) was allowed in part (a split decision) on 13 February 2023 by Inspector Perrins R, following an inquiry. The main issue, as the Inspector framed it: the effect of the development on the openness of the Green Belt and the purposes of designating land within the Green Belt.
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”)
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- employment-industrial · Change of use
- Inspector
- Perrins R
- Postcode
- HP16 0DH
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
What the Inspector cited
- Development plan policies
- Policy LSQ1Policy GC12Policy GB2Policy GB22A
- National Planning Policy Framework
- Paragraph 149Paragraph 150
- Judgments
- Kestrel Hydro v SSCLG & Spelthorne BC [2016] EWCA Civ 784; Murfitt v SSE and E.Cambridgeshire DC [1980] 40 P&CR 254
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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With an account
What an account adds to this decision
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- Quashed On Legal Grounds9 March 20263341531Lodge Farm , 100 Lodge Lane, Chalfont St. Giles, HP8 4AH
- Unknown2 March 20263362050Land at National Society for Epilepsy, Chesham Lane, Chalfont St Peter, Buckinghamshire, HP8 4AD
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.