Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice varied and upheld23 March 20233273648

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 applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

With an account

What an account adds to this decision

153 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Buckinghamshire Council - Minerals and Waste Planning

The authority’s record since 2016 · every decision in 2023

  1. Allowed13 June 20233300155
    Lockharts Farm Waste Recycling Facility, Wing Road, Cublington, Buckinghamshire, LU7 0LB
  2. Dismissed26 October 20233323847
    The Old House, Forty Green, Bledlow, Buckinghamshire, HP27 9PN
  3. Unknown27 September 20223257981
    (Upgrade of Public Footpath No. 14 to Public Bridleway, Parish of Hedgerley)
  4. Allowed31 August 20213269545
    Park Hill Farm, Bletchley Road, Little Horwood, Milton Keynes, MK17 0NT
  5. Dismissed27 August 20213266409
    Bledlow 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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.