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Planning appeal decision

Dismissed6 September 20223249823

Land to the North West of Plough Orchards, Plough Orchards, Weston Turville, HP22 5BG

Planning appeal 3249823 at Land to the North West of Plough Orchards, Plough Orchards, Weston Turville, HP22 5BG (Buckinghamshire Council - Aylesbury Area *) was dismissed on 6 September 2022 by Inspector Dudley G, following an inquiry. The main issue, as the Inspector framed it: What is and has been the planning unit/s from around 2006.

for storage of builders’ waste soil, construction material, equipment and storage containers

Authority
Buckinghamshire Council - Aylesbury Area *
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
other · Change of use
Inspector
Dudley G
Postcode
HP22 5BG

Main issues, as the Inspector framed them

  • What is and has been the planning unit/s from around 2006.
  • Whether the appellants have demonstrated a continuous use of the appeal site for 10 years.
  • Whether the appeal site benefited from permitted development rights.
  • Whether there has been deliberate deception in relation to the use of the site.

What decided it

The appellants failed to demonstrate, on the balance of probability, a continuous 10-year use of the appeal site for the storage described, separate from permitted development activity associated with adjoining housing construction.

What the Inspector cited

Judgments
R(Hunter Hall Partnership) v First Secretary of State [2006] EWHC 3482 (Admin)

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.

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The decision letter

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More decisions in Buckinghamshire Council - Aylesbury Area

The authority’s record since 2016 · every decision in 2022

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.