®Planning appeal decision
Snowhill Farm, Chesham Road, Ashley Green, Chesham, HP5 3PW
Planning appeal 3269277 at Snowhill Farm, Chesham Road, Ashley Green, Chesham, HP5 3PW (Buckinghamshire Council - Chiltern Area *) was decided (quashed on legal grounds) on 10 December 2021 by Inspector Cook B, by written representations. The main issue, as the Inspector framed it: Whether the period during which the Council could take enforcement action had ended at the date the notice was issued.
the material change of use of the Land to use for open storage (Class B8) including storage of tensile metal poles and structures stored on racking, and associated operational development integral to that change of use, comprising the construction of concrete hardstanding (the “Hardstanding”) in the approximate position shown cross hatched on the Plan attached to the notice for purposes ancillary to the storage use (“the Unauthorised Development”) and the erection of a detached open fronted building in the position hatched on the Plan attached to the notice (the “Building”) and
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- employment-industrial · Other minor developments
- Inspector
- Cook B
- Postcode
- HP5 3PW
Main issues, as the Inspector framed them
- Whether the period during which the Council could take enforcement action had ended at the date the notice was issued
What decided it
The breach of planning control alleged (storage use) began around 1974 and continued substantially uninterrupted for well over 10 years, placing it outside the 10-year enforcement period available to the Council at the date of notice in 2021.
What the Inspector cited
- Judgments
- Burdle & Williams v Secretary of State for the Environment & New Forest DC [1972] 1 WLR 1207; Thurrock BC v Secretary of State for the Environment, Transport and the Regions [2002] EWCA Civ 226
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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With an account
What an account adds to this decision
More decisions in Buckinghamshire Council - Chiltern Area
The authority’s record since 2016 · every decision in 2021
- Notice upheld23 April 20263377177Land Adjacent Porch House, Village Road, Coleshill, Buckinghamshire
- Notice varied and upheld12 March 20263325136Fenton Civil Engineering Ltd, Rowan Tree Farm Blackwell Hall Lane, Ley Hill, Chesham, HP5 1UN
- Quashed On Legal Grounds9 March 20263341531Lodge Farm , 100 Lodge Lane, Chalfont St. Giles, HP8 4AH
- Planning permission granted2 March 2026334341252 Bottrells Lane, Chalfont St. Giles, HP8 4EJ
- Notice upheld18 February 20263356283Land at Cherry Trees, Broombarn Lane, Great Missenden, Buckinghamshire, HP16 9JD
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.