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Planning permission granted20 February 20233276123

The Beeches, Swan Road, Iver, SL0 9LA

Planning appeal 3276123 at The Beeches, Swan Road, Iver, SL0 9LA (Buckinghamshire Council - South Bucks Area *) was allowed on 20 February 2023 by Inspector Renaudon L, following a hearing. The main issue, as the Inspector framed it: Ground (b): whether the description of the use as alleged in the notice is correct.

Without planning permission: the material change of use of the Land to a mixed (sui generis) use comprising residential and a caravan park for residential purposes by the stationing [of] caravans (“the Unauthorised Use”)

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Renaudon L
Postcode
SL0 9LA

Main issues, as the Inspector framed them

  • Ground (b): whether the description of the use as alleged in the notice is correct
  • Ground (c): whether the use (as found) requires planning permission
  • Ground (d): whether the use has subsisted for a sufficient period of time as to be immune from enforcement action
  • Ground (a)(i): whether the development is inappropriate in the Green Belt, and the effect of the development on the openness and the purposes of the Green Belt
  • Ground (a)(ii): any other harm and/or policy conflicts arising, particularly the effects of the development on the character and appearance of the site and the area, and in relation to biodiversity
  • Ground (a)(iii): whether any harm to the Green Belt and any other harm is clearly outweighed by other considerations so as to amount to very special circumstances justifying the development
  • Grounds (f) and (g): the reasonableness of the requirements of the notice and the period specified for compliance, to include consideration of a temporary permission (not needed to be determined given the outcome on ground (a))

What decided it

The combination of the unmet need for Traveller pitches, the unlikelihood of suitable alternative sites, and the significant weight attached to the occupants' health/personal circumstances was found clearly to outweigh the substantial Green Belt harm and other harm, amounting to very special circumstances.

Substantial harm from Green Belt inappropriateness and limited additional loss of openness, together with moderate harm to character/appearance and biodiversity, was clearly outweighed by the effective use of previously developed land, compliance with most CP4 criteria, unmet Traveller pitch need/lack of alternatives, and significant weight given to occupants' health needs, amounting to very special circumstances justifying permission.

What the Inspector cited

Development plan policies
Core Policy 4Core Policy 9Policy IV6Policy IV13CP4
Judgments
Smith

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

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More decisions in Buckinghamshire Council - South Bucks Area

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

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  5. Notice varied and upheld26 August 20263376241
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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.