Town Planner Pro
Search appeal decisions

Planning appeal decision

Quashed On Legal Grounds20 August 20213262275

2 Sycamore Cottages, Church Road, Lane End, HIGH WYCOMBE, Buckinghamshire, HP14 3HL

without planning permission a material change of use of detached outbuilding to self-contained independent dwelling

Authority
Buckinghamshire Council - Wycombe Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hawkins S

Main issues, as the Inspector framed them

  • The effect of the dwelling on the character and appearance of the area, including the Chilterns Area of Outstanding Natural Beauty (AONB) and whether the character or appearance of the Lane End Conservation Area (CA) is preserved or enhanced
  • The effect on the living conditions of the occupiers of adjoining residential property, having regard to privacy, noise and disturbance and the vehicle parking arrangements
  • Whether suitable living conditions are provided for the existing and future occupiers of the dwelling, having regard to private outdoor amenity space

What decided it

The dwelling caused unacceptable harm to the character and appearance of the area, the conservation area and AONB, unacceptable harm to the living conditions of adjoining residents, and failed to provide suitable living conditions for its own occupiers, such that it did not accord with the Development Plan and was inconsistent with the Framework.

The harm to the significance of the conservation area (less than substantial) was weighed against any public benefits, and the Inspector found no public benefits provided by the dwelling which outweighed the harm to the heritage asset.

Plan policies cited: LP Policy CP9, LP Policy DM30, LP Policy DM35, LP Policy CP11, LP Policy DM31, LP Policy DM33

Judgments cited: Richmond upon Thames LBC v SSE [1972] 224 EG 1555; Ioannou v SSCLG & LB Enfield [2014] EWCA Civ 1432

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.