Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice upheld30 August 20233286199

Southend Cottage, Middle Green, Wexham, Bucks, SL3 6BS

without planning permission, the material change of use of the land comprising the addition of the use for the stationing of storage containers and mobile structure fixed in an elevated position above some of the storage containers with metal girders and external platform and staircase (“the unauthorised use”) to the existing unauthorised mixed (sui generis) use for the storage of building products/materials, plant and equipment, motor vehicles and motor vehicle parts and associated residential use which is the subject of extant enforcement notice reference 18/100084/ENBEOP/EN/1/ issued on 29 June 2019

Authority
Buckinghamshire Council - South Bucks Area *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Hartley D

Main issues, as the Inspector framed them

  • Whether the notice properly and fairly informs the appellants what they have done wrong
  • Whether the matters comprising the alleged breach of planning control have occurred
  • Whether the matters alleged constitute a breach of planning control
  • Whether at the date the notice was issued enforcement action could be taken
  • Whether the steps required by the notice exceed what is necessary to remedy the breach
  • Whether the period specified in the notice falls short of what should reasonably be allowed

What decided it

The appellants failed to demonstrate that the storage containers and mobile structure were required temporarily in connection with construction operations being carried out on the land, given the substantial period of inactivity since demolition of the original dwelling and the appellants' stated lack of financial means to construct the approved replacement dwelling.

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.