Planning appeal decision
20 Smallholding, Oxford Road, Denham, Denham, Buckinghamshire, UB9 4DG
Planning appeal 3266826 at 20 Smallholding, Oxford Road, Denham, Denham, Buckinghamshire, UB9 4DG (Buckinghamshire Council - South Bucks Area *) was allowed on 14 December 2021 by Inspector Cook B, by written representations. The main issue, as the Inspector framed it: The effect on the openness of the Green Belt.
without planning permission the unauthorised material change of use of the Land from agricultural use to a sui generis use for vehicle and plant haulage and plant hire including the outdoor parking and storage of vehicles, plant and machinery and the carrying out of operational development facilitating and integral to the unauthorised material change of use, comprising the following: a) the construction of a building as a workshop and offices on the Land in the approximate position shown cross hatched and marked ‘A’ on the Plan attached to the notice (“the Building”); and b) the laying of concrete hardstanding on the Land located in the approximate position shown dotted and labelled ‘B’ on the Plan attached to the notice (“the Hardstanding”)
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- employment-industrial · Change of use
- Inspector
- Cook B
- Postcode
- UB9 4DG
Main issues, as the Inspector framed them
- The effect on the openness of the Green Belt
- The effect on the character and appearance of the area
- Would the harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal
What decided it
The specific locational requirements of the appellant's business as a specialist haulage supplier to Network Rail and abnormal loads operator, combined with the realistic fallback position of the 2008 permission development, clearly outweigh the limited harm to Green Belt openness and justify very special circumstances.
The harm to the Green Belt by reason of inappropriateness and limited harm to openness (attracting substantial weight) was clearly outweighed by significant weight given to the fallback position and the specific business needs, some weight to local employment, and limited weight to lack of alternative sites, resulting in very special circumstances justifying the development.
What the Inspector cited
- Development plan policies
- Policy GB1 of the South Bucks District Local PlanPolicy EP3 of the South Bucks District Local PlanCore Policy 8 of the South Bucks Core Strategy
- National Planning Policy Framework
- Paragraph 137Paragraph 147Paragraph 148Paragraph 219
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 appliedThe decision letter
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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.
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