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Quashed On Legal Grounds20 August 20213262275

2 Sycamore Cottages, Church Road, Lane End, High Wycombe, Buckinghamshire, HP14 3HL

Planning appeal 3262275 at 2 Sycamore Cottages, Church Road, Lane End, High Wycombe, Buckinghamshire, HP14 3HL (Buckinghamshire Council - Wycombe Area *) was decided (quashed on legal grounds) on 20 August 2021 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: 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.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hawkins S
Postcode
HP14 3HL

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.

What the Inspector cited

Development plan policies
LP Policy CP9LP Policy DM30LP Policy DM35LP Policy CP11LP Policy DM31LP Policy DM33
Judgments
Richmond upon Thames LBC v SSE [1972] 224 EG 1555; Ioannou v SSCLG & LB Enfield [2014] EWCA Civ 1432

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 - Wycombe Area

The authority’s record since 2016 · every decision in 2021

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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.