®Planning appeal decision
Snowhill Farm, Chesham Road, Ashley Green, CHESHAM, HP5 3PW
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
- Authority
- Buckinghamshire Council - Chiltern Area *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- employment-industrial · Other minor developments
- Inspector
- Cook B
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.
Judgments cited: 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
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.