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Notice upheld14 February 20223260161

Land at Lee Farm, 123 Botley Road, Chesham, Buckinghamshire, HP5 1XN

Planning appeal 3260161 at Land at Lee Farm, 123 Botley Road, Chesham, Buckinghamshire, HP5 1XN (Buckinghamshire Council - Chiltern Area *) was dismissed on 14 February 2022 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: The effect of the building on the openness and purposes of the Green Belt.

Without planning permission: - The erection of a building on the Land. The approximate location of the building as shown hatched on the plan (attached to the enforcement notice), with a thick black line around the perimeter of the Land (“the Unauthorised Development")

Authority
Buckinghamshire Council - Chiltern Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Householder developments
Inspector
Boffin D
Postcode
HP5 1XN

Main issues, as the Inspector framed them

  • The effect of the building on the openness and purposes of the Green Belt
  • Whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations. If so, whether this amounts to the very special circumstances required to justify the development

What decided it

The other considerations relied on by the appellant, including the fallback positions and the Unilateral Undertaking, did not clearly outweigh the substantial and significant weight given to the Green Belt harm, so very special circumstances were not made out.

The substantial weight attached to limited harm to Green Belt openness and purposes, plus significant weight to conflict with Policy GB2, was not clearly outweighed by the other considerations (fallback positions, Unilateral Undertaking, design quality, personal circumstances of Mr Mason), which carried only appreciable or little weight, so very special circumstances did not exist and the balance tipped against the development.

What the Inspector cited

Development plan policies
Policy GB2
National Planning Policy Framework
Paragraph 138Paragraph 147Paragraph 148Paragraph 219
Judgments
Carter v SSE [1994] 1 WLR 1212; Brightlingsea Haven Limited v Morris [2009] 2 P&CR 11; Cardiff Rating Authority v Guest Keen Baldwins Iron and Steel Co Ltd [1949] 1KB 385; Barvis v SSE [1971] 22 P&CR 710; Skerritts of Nottingham Ltd v SSETR & Harrow LBC (No. 2) [2000] EWCA Civ 5569; [2000] JPL 1025; Dyer v Dorset CC [1988] 3 WLR 213; Skerritts of Nottingham Ltd v SSETR (No. 1) [2000] EWCA Civ 60; [2000] JPL 789; Lowe v First Secretary of State [2003] EWHC 537 Admin; Challenge Fencing Ltd v SSHCLG & Elmbridge BC [2019] EWHC 553 (Admin); Burford v SSCLG & Test Valley BC [2017] EWHC 1493 (Admin); Sutcliffe v Calderdale BC [1983] JPL 310; R (oao Sumption) v Greenwich LBC [2007] EWHC 2276 (Admin); Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466; R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3

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 2022

  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.

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.