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Planning appeal decision

Notice varied and upheld7 February 20233257434

OS Field 4800, Cholesbury Lane, Buckland Common, Buckinghamshire, HP23 6ND

change of use of land to residential for members of the Gypsy Traveller community. Site to contain Static and Touring Caravans, Parking, Water Treatment Plant, and associated infrastructure.” Summary

Authority
Buckinghamshire Council - Chiltern Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Steen A

Main issues, as the Inspector framed them

  • Whether the development comprises inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
  • The effect of the development on the openness and permanence of the Green Belt and the purposes of including land within the Green Belt
  • Whether the development conserves and enhances the landscape and scenic beauty of the Chilterns Area of Outstanding Natural Beauty
  • Whether the development affects ecology and biodiversity in the area
  • Whether the development is in a suitable location in terms of its location in respect of adjacent settlements
  • The effect of the development on the Chiltern Beechwoods Special Area of Conservation
  • Whether there are any other harms arising from the development (for example to the significance of heritage assets)
  • Whether there are other considerations weighing in favour of the development (for example the personal circumstances of the appellants, need for Gypsy and Traveller sites and whether a temporary or personal permission may be appropriate)
  • Whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, and if so, does this amount to the very special circumstances required to justify the proposal

What decided it

The very special circumstances required to outweigh the substantial Green Belt harm, AONB and ecological harm, and the unacceptable risk to the integrity of the Chiltern Beechwoods SAC were not established, even taking into account the personal circumstances of the appellants and the best interests of the children.

The substantial harm to the Green Belt, great weight harm to the AONB and to ecology/biodiversity, the unacceptable risk to the SAC's integrity, and the weight attributable to intentional unauthorised development were not clearly outweighed by the personal circumstances of the appellants, the unmet need for Gypsy and Traveller pitches, and the best interests of the children, so very special circumstances did not exist for a permanent, temporary or personal permission.

Plan policies cited: Policy GB2, Policy CS14, Policy LSQ1, Policy CS4, Policy CS22, Policy CS24, Policy LB2

Judgments cited: Lisa Smith v SSLUHC [2022] EWCA Civ 1391; Doncaster MBC v FSS & Smith [2007] EWHC 1034 (Admin)

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.