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Planning appeal decision

Planning permission granted1 September 20233274007

Land at 128 Heath End Road, Flackwell Heath, HIGH WYCOMBE, HP10 9EW

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

Authority
Buckinghamshire Council - Wycombe Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Householder developments
Inspector
King T

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.

Framework references: 138, 148, 149, 150

Plan policies cited: DM35, CP8, CP9, DM32, DM34, DM42, DM26

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.