®Planning appeal decision
Mercers Farm , Thorney Mill Road, Iver, SL0 9AR
Planning appeal 3273648 at Mercers Farm , Thorney Mill Road, Iver, SL0 9AR (Buckinghamshire Council - Minerals and Waste Planning *) was allowed in part (a split decision) on 23 March 2023 by Inspector Murray J, following an inquiry. The main issue, as the Inspector framed it: Ground (b): whether the corrected allegation describes the actual use being made of the land at the time of the notice, in a factually accurate way.
without planning permission, a material change in the use of the Land to the importation, deposit, processing, transfer and disposal of waste material (the 'unauthorised use') parking of vehicles and storage of plant, machinery and vehicles associated with the unauthorised use and operational development comprising the erection of a site office and the siting of any paraphernalia associated with the elements of the unauthorised use
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- minerals-waste · Change of use
- Inspector
- Murray J
- Postcode
- SL0 9AR
Main issues, as the Inspector framed them
- Ground (b): whether the corrected allegation describes the actual use being made of the land at the time of the notice, in a factually accurate way
- Ground (d): whether the material change of use alleged in the notice, as corrected, occurred on or before 24 March 2011 and continued thereafter for at least ten years without significant interruption
- Ground (f): whether the requirements of the notice exceed what is necessary to remedy the breach of planning control
- Ground (g): whether the periods specified for compliance with the notice are unreasonably short
What decided it
The appellant failed to prove that the waste element of the mixed use had continued without significant interruption for the ten years preceding the notice, because the evidence showed the waste use ceased around 2017 and later resumed and expanded to engulf additional land, amounting to a fresh material change of use.
What the Inspector cited
- Judgments
- Wipperman v Barking LBC (1966) P&CR; Philglow v SSE (1986) 51 P&CR 1; Beach v SSETR [2001] EWHC (Amin) 281; Mansi v Elstree RDC [1964] 16 P&CR 153
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 - Minerals and Waste Planning
The authority’s record since 2016 · every decision in 2023
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- Dismissed26 October 20233323847The Old House, Forty Green, Bledlow, Buckinghamshire, HP27 9PN
- Unknown27 September 20223257981(Upgrade of Public Footpath No. 14 to Public Bridleway, Parish of Hedgerley)
- Allowed31 August 20213269545Park Hill Farm, Bletchley Road, Little Horwood, Milton Keynes, MK17 0NT
- Dismissed27 August 20213266409Bledlow Ridge Household Recycling Centre, Wigans Lane, Bledlow Ridge, Buckinghamshire, HP14 4BH
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.