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Planning appeal decision

Planning permission granted1 September 20233274007

Land at 128 Heath End Road, Flackwell Heath, High Wycombe, HP10 9EW

Planning appeal 3274007 at Land at 128 Heath End Road, Flackwell Heath, High Wycombe, HP10 9EW (Buckinghamshire Council - Wycombe Area *) was allowed on 1 September 2023 by Inspector King T, following a hearing. The main issue, as the Inspector framed it: Appeal A: the main issue is the effect of the development on the character and appearance of the surrounding area.

Without planning permission the installation of entrance gate exceeding 1m in height adjacent to the highway

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Householder developments
Inspector
King T
Postcode
HP10 9EW

Main issues, as the Inspector framed them

  • Appeal A: the main issue is the effect of the development on the character and appearance of the surrounding area
  • Appeal B: whether the works constitute inappropriate development in the Green Belt and, if so, the effect on the openness of the Green Belt
  • Appeal B: any other harm, with particular regard to the impact on the site's trees and also biodiversity
  • Appeal B: if it is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development
  • Appeal C: main issues largely similar to those for Appeal B, but also including national policy and the development plan objectives in respect of gypsy and traveller accommodation, and whether there is sufficient space for on-site car parking

What decided it

The absence of very special circumstances sufficient to clearly outweigh the substantial harm to Green Belt openness and the harm to protected trees was decisive in dismissing Appeals B and C, while the lack of significant harm to character and appearance was decisive in allowing Appeal A.

For Appeals B and C, the substantial weight given to Green Belt harm and harm to protected trees was not clearly outweighed by other considerations, including the considerable weight given to unmet gypsy and traveller need, so very special circumstances were not demonstrated and the appeals were dismissed; Appeal A involved no such balancing exercise as no significant harm was found.

What the Inspector cited

Development plan policies
DM35CP8CP9DM32DM34DM42DM26
National Planning Policy Framework
Paragraph 138Paragraph 148Paragraph 149Paragraph 150

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 2023

  1. Notice upheld12 June 20263362995
    165 Amersham Road, High Wycombe, Buckinghamshire, HP13 5AE
  2. Dismissed11 June 20263377185
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  3. Notice varied and upheld1 June 20263356208
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  4. Notice upheld19 May 20263366795
    165 Micklefield Road, High Wycombe, HP13 7HA
  5. Notice upheld19 May 20263364950
    Land at Polaris Chartered Certified Accountants (Royal British Legion), Queensmead Road, Loudwater, Buckinghamshire, HP10 9TZ

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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