®Planning appeal decision
Mercers Farm , Thorney Mill Road, Iver, SL0 9AR
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
- Authority
- Buckinghamshire Council - Minerals and Waste Planning *
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- minerals-waste · Change of use
- Inspector
- Murray J
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.
Judgments cited: 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
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.