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Quashed On Legal Grounds16 December 20223278328

Rowan Tree Farm, Blackwell Hall Lane, Ley Hill, Buckinghamshire, HP5 1UN

Planning appeal 3278328 at Rowan Tree Farm, Blackwell Hall Lane, Ley Hill, Buckinghamshire, HP5 1UN (Buckinghamshire Council - Chiltern Area *) was decided (quashed on legal grounds) on 16 December 2022 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and whether it is capable of correction.

without planning permission the change of use of the land from agriculture to a builder’s yard and storage (Use Class Sui Generis) and incidental operational development facilitating the unauthorised change of use, comprising the laying of hardstanding and the stationing of storage containers

Authority
Buckinghamshire Council - Chiltern Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Hawkins S
Postcode
HP5 1UN

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and whether it is capable of correction

What decided it

The enforcement notice did not specify with sufficient clarity the alleged breach of planning control as it failed to identify the mixed use actually occurring on the site, and it was incapable of correction without causing injustice to the appellant.

The decision letter

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More decisions in Buckinghamshire Council - Chiltern Area

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld23 April 20263377177
    Land Adjacent Porch House, Village Road, Coleshill, Buckinghamshire
  2. Notice varied and upheld12 March 20263325136
    Fenton Civil Engineering Ltd, Rowan Tree Farm Blackwell Hall Lane, Ley Hill, Chesham, HP5 1UN
  3. Quashed On Legal Grounds9 March 20263341531
    Lodge Farm , 100 Lodge Lane, Chalfont St. Giles, HP8 4AH
  4. Planning permission granted2 March 20263343412
    52 Bottrells Lane, Chalfont St. Giles, HP8 4EJ
  5. Notice upheld18 February 20263356283
    Land at Cherry Trees, Broombarn Lane, Great Missenden, Buckinghamshire, HP16 9JD

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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