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Dismissed9 June 20213269965

Park Mill Stables , Park Mill, Princes Risborough, HP27 9QB

Planning appeal 3269965 at Park Mill Stables , Park Mill, Princes Risborough, HP27 9QB (Buckinghamshire Council - Wycombe Area *) was dismissed on 9 June 2021 by Inspector Edwards J, by written representations. The main issue, as the Inspector framed it: Whether section 73 of the Town and Country Planning Act 1990 allows the development allowed by the original permission without the disputed condition.

householder application for conversion of ground floor storage area to enlarge existing annex accommodation used ancillary to main dwelling, re-location of door, fenestration alterations and re-clad end gable (alternative scheme to pp 14/06250/FUL)” without complying with a condition attached to planning permission Ref 17/06363/FUL, dated 3 July 2017

Appeal type
householder · Planning Appeal
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Edwards J
Postcode
HP27 9QB

Main issues, as the Inspector framed them

  • Whether section 73 of the Town and Country Planning Act 1990 allows the development allowed by the original permission without the disputed condition

What decided it

The removal of the condition would create a fundamental change in use from ancillary accommodation to a separate independent dwelling, which would disaccord with the operative part of the original permission and therefore falls outside the scope of section 73 of the Act as established in Finney.

What the Inspector cited

Judgments
Finney v Welsh Ministers and Others [2019] EWCA Civ 1868

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.

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