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Notice varied and upheld7 February 20233257434

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

Planning appeal 3257434 at Os Field 4800, Cholesbury Lane, Buckland Common, Buckinghamshire, HP23 6ND (Buckinghamshire Council - Chiltern Area *) was allowed in part (a split decision) on 7 February 2023 by Inspector Steen A, following an inquiry. The main issue, as the Inspector framed it: Whether the development comprises inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Steen A
Postcode
HP23 6ND

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.

What the Inspector cited

Development plan policies
Policy GB2Policy CS14Policy LSQ1Policy CS4Policy CS22Policy CS24Policy LB2
Judgments
Lisa Smith v SSLUHC [2022] EWCA Civ 1391; Doncaster MBC v FSS & Smith [2007] EWHC 1034 (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.

See how each was applied

The decision letter

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More decisions in Buckinghamshire Council - Chiltern Area

The authority’s record since 2016 · every decision in 2023

  1. Notice upheld23 April 20263377177
    Land Adjacent Porch House, Village Road, Coleshill, Buckinghamshire
  2. Dismissed1 April 20263372329
    118 Chalfont Road, Seer Green, Beaconsfield, HP9 2QP
  3. Notice varied and upheld12 March 20263325136
    Fenton Civil Engineering Ltd, Rowan Tree Farm Blackwell Hall Lane, Ley Hill, Chesham, HP5 1UN
  4. Quashed On Legal Grounds9 March 20263341531
    Lodge Farm , 100 Lodge Lane, Chalfont St. Giles, HP8 4AH
  5. Unknown2 March 20263362050
    Land 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.

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